Clipping of news on Brazilian Culture, Law and Citizenship
05/08/2015
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Cedae, however, changes charge account and more expensive
FOR FABIO TEIXEIRA
João Fadel, the North Coast condo (background), considered unique residence by Cedae - Fabio Rossi
RIO - A collection of water bill for a minimum consumption value is well known for Fluminense. For years, this expedient is done by Cedae whose first tariff range for the water goes from zero to 15 cubic meters per month. Who spends this amount, paid by the ceiling of the minimum consumption, ie 15 cubic meters. In the case of buildings, the utility evaluates the overall consumption by one meter and divide by the number of apartments thus assess which was the average consumption per unit. From this, the utility establishes that band the condo should be tariffed. And although supported by Federal Law 11,445 / 2007, this type of charge has been challenged in court by condos with spending less than the minimum. Who gets a favorable decision on appeal in court, but quickly discovers that instead of paying cheaper, began to receive bills that are up to more than 620% higher than the previous invoices.
A recent case of this type of action began in 2010. That year, the liquidator in the North Coast condominium, John Fadel, decided to reduce the water consumption of the building of 221 units (220 apartments, plus common area) in Barra da Tijuca . Installed individual meters for each apartment and put economic discharges in all of them. Thanks to individual meters, each consumer would pay for as spent individually instead of building medium, made by Cedae. The move, believed Fadel, stimulate conscious consumption. Civil engineer, he also made a thorough inspection in the building to detect leaks. The North Coast has become an economic model - so much so that the average expenditure per unit was below 15 cubic meters. And then the problems started.
- Due to the economy, I found myself paying more than I consumed. I questioned Cedae, and the company said it was the law. I called subsíndico, who is a lawyer, and joined a lawsuit - he says. - We strive to avoid waste and receives a punishment for it. They wanted us to pay for water that do not use.
BUILDING BECOMES ONLY RESIDENCE
Fadel estimates that, if you were paying for it consumes, your monthly water bill would be around R$ 10,500. Paying the minimum consumption, the bill comes out to around R$ 14,000.
The process ran at the 10th Civil Chamber of the Court of Rio de Janeiro and called for "refraining from charging for minimum consumption." On November 22, 2011, he left the sentence. In it, the judge upholds "the request to determine the refaturamento of charges from October 2005 to date, taking based on actual consumption without the use of savings."
The novel, however, was far from over. The Cedae appealed the decision, but lost in the second instance. The judgment denying the resources of the state was decided unanimously by the judges of class.
Finally, in August 2013, the North Coast condo received his first invoice charged as measured by the meter, not the least consumption. But there came the economy Fadel expected: 221 units, your building has been considered as a single residence. The consequences were severe for the residents.
The Cedae charging model works through a "progressive rate," meaning that those who consume more, pay more. Considered a single residence, the water bill of the North Coast shot. The bill maturing in August this year, for example was R$ 80,551.52 versus an average of R$ 13,000 when the building was billed as 221 different units.
- It is an absurd seeing that happen. We filed a second process against this charge and ordered a consignment of payment, not pay these bills. In February this year, the condo received new favorable decision at first instance. In the decision, Judge Lindalva Soares Silva, head of the 11th Civil Court declared "the nullity of the water bills for the months of August 2013 and subsequent years, considering the illegality of the calculation method employed by the company." The Cedae was ordered to pay still R$ 3500 in damages.
- He just - says subsíndico and lawyer Alexander Rivera, representing the North Coast. - It was a clear retaliation by Cedae against North Coast.
The case of the North Coast is not the only one. Many condos pay the minimum, even spending less, but few know where to begin to fight the charge. This is the case of the receiver Alfredo Mancebo, responsible for a building in Copacabana:
- There are six or eight months they send me charging for minimum despite consume less. I thought I'd go to court, but told me not to even try, it's not worth anything.
CEDAE SAYS FOLLOWING THE LAW
In some cases, however, it added. The professional liquidator Francisco Francelino managed charging by the meter, no minimum consumption, for the Key West building in Copacabana.
Francelino filed a lawsuit against the minimum fare Cedae in 2004. In 2006 came the decision on appeal. Soon after, the Key West no longer considered by Cedae as 154 units to be registered as a single. The accounts jumped from R$ 6000 to R$ 50,000.
- I despaired. As a condominium with total monthly income of R$ 40,000 would pay R$ 50,000 just water? - Questions the liquidator.
The Francelino lawyer, Rafael Janot, filed a second lawsuit against the change in the classification. After victories in the first and second instance, Cedae even sent a special feature, but the request was denied. With the process carried on trial, ie no more resources possibilities, the Key West returned billed as 154 economies. It was a decade of legal struggle, which has not finished completely.
- The second process is complete. The first is almost finalized. Only lack estimate as Cedae must pay for years collected the least when consumed least- says Janot.
In the opinion of the State Procon, the minimum fare is legal. "However, sales by one meter should consider the 221 units to apply progressivity of the tariff, ie, divide the total water consumption by the number of units to check the average consumption." The Procon said it would consider the case the North Coast. "If you understand the account of progressivity is being applied in the wrong way, will investigate."
The Cedae informs the imposition of the minimum rate is required by law. About the change in the classification of condominiums, states that resulted from the lawsuit filed by the condominium. "The decision in that case ordered the exclusion of collecting the minimum rate multiplied by more than one economy, which led to the challenged registration change. However, there is no reference in the decision of the device nor the request made by the author in order to exclude the collection of the progressive rate. "On the charge that the reclassification would be a retaliation, the state says that" Cedae strictly observes the judgments given, which determined that the collection is that the actual consumption without use of economies. "
Read more about this in http://oglobo.globo.com/economia/defesa-do-consumidor/agua-condominios-ganham-na-justica-direito-de-pagar-pelo-gasto-real-17088274#ixzz3hwkZ6MIi
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Source: Reuters
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This article was translated by an automatic translation system, and was therefore not reviewed by people.