Clipping of news on Brazilian Culture, Law and Citizenship
15/07/2015
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Operator will have to return the amount of R$ 4,563.90 charged for the service
The 9th Civil Chamber of the Court of Minas Gerais (TJ-MG) condemned the TIM Nordeste SA to reimburse a consumer because of misappropriation of international roaming (service that allows the customer of a mobile operator making or receiving calls abroad ) in the amount charged for the service, of R$ 4,563.90.
Luisa Maria Damasceno Kings claimed that acquired the operator a 2MB internet corporate plan for using overseas telephone service, as a service provider for the company Architecture Events - which also came as the author of the process.
During the trip, the complainant was surprised by a phone company message indicating that your account amounted to about R$ 5000 due to excess consumption hired.
The consumer alleged that at any time the phone company informed him that the package had been exhausted. He said he did not have access to the Internet blocked, so he used the service since it could not "guess" that was exceeding the package.In his defense, TIM said the author had hired the smallest and cheapest data package for use in international roaming, with 2MB, but that during his stay abroad, used 153,37MB.
The second telephone operator, the use of information and their pricing systems voice traffic and international roaming data are arranged clearly and easily understood on its website, the lines arranged by the National Telecommunications Agency (Anatel).
In First Instance, TIM has been ordered to repay the authors, double the value of the collection was made, ie, R$ 9,127.80, and to pay each of the plaintiffs the amount of R$ 10,000 for moral damages. The company appealed.
In analyzing the case, the judge rapporteur, Joseph Arthur Son noted that the case should be examined in the light of the Consumer Protection Code (CDC). According to the magistrate, there was evidence of the facts narrated by the customer. However, there was evidence that was communicated to the consumer using the product limit abroad and the cost of the services surplus contracted.
In a statement, TIM reported that "the information of use pricing systems and their international roaming voice and data traffic are arranged in a clear and easy to understand on their site, along the lines prepared by the National Telecommunications Agency (Anatel)." Also he said that "nevertheless, as the case in question, TIM awaits the decision on the embargo statement opposing the client to evaluate the necessary measures, where in respect of judicial decisions".
Source: Reuters
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This article was translated by an automatic translation system, and was therefore not reviewed by people.