Clipping of news on Brazilian Culture, Law and Citizenship
03/24/2015
This article was translated by an automatic translation system, and was therefore not reviewed by people.
transparent image
Superior Court meets Jacarepagua client action and says concessionaire is required to provide water meter or charge for minimum rate
Aurelio Gimenez
Rio - It is illegal to calculation of water and sewage rate based only on estimated consumption, not match the service actually provided. In addition, the installation of water meters is the obligation of the concessionaire and that in the absence of this device, the collection of service must be made by the minimum rate. This is the understanding of the Second Chamber of the Superior Court of Justice (STJ) in special appeal trial brought by the State Company for Water and Sewage River (Cedae).
The case for which the action took place in Jacarepagua neighborhood. A resident sued claiming Cedae are billed for water supply since 2006 with cutting threat, and the houses of your condo were always supplied from a tank.
The debt of more than £ 40,000, was calculated based on estimated consumption. In the lawsuit, the resident called for the cancellation of all charges presented in addition to the placement of meter, as it has all the plant required for the supply of water.
The sentence was confirmed on appeal judgment, upheld the application. In the Supreme Court, the rapporteur, Minister Humberto Martins, understood that decisions were agreed. He said the collection by estimate, by not correspond to the value actually consumed, can cause the unjust enrichment of the supplier.
In his opinion, the rapporteur mentioned that the Supreme Court itself, had consolidated the understanding with respect to recovery by estimated in the absence of water meter through Sumular Statement 152, "Charging for water supply in the absence of or defect in your hydrometer operation should be done by the minimum rate, the estimated recovery by being forbidden, "wrote the minister. The basis of understanding is Article 51, IV and X of the Consumer Protection Code.
Through note, Cedae noted that the court's decision is effective only between the disputing parties, ie the company and the consumer in question. "Even so, the company is already investing in METERING of its customers, which is of interest Cedae to stimulate rational consumption, since he has his measured consumption avoids wasting water," he added. Questioned the company did not say how many customers are charged by estimate.
Here on the site Claim evaluating the water company and state sanitation is poor. The note has been registered since last year. In 2013, as the site was considered regular. There are currently 4,106 claims records.
Source: The Day
To access the site Day, click here.
Our news are taken in full of our partner sites. For this reason, we can not change their content even in cases of typos. transparent image
This article was translated by an automatic translation system, and was therefore not reviewed by people.