Clipping of news on Brazilian Culture, Law and Citizenship
08.26.2015
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Retain car from a customer who is late with tranches of finance are illegal measure. The unanimous decision is the 3rd Civil Chamber of the Goiás Court of Justice to condemn a dealership from Goiania to compensate the consumer with the full value of the vehicle, and afford the taxes of the retention period.
The case began when the owner of the vehicle had an accident. After trigger insurance, she was told that she should take the car for repairs in the same spot where I had bought. The detail is that the customer was overdue installments for the purchase of the car.
For this reason, the concessionaire said only release the car if the debt was paid off. According to the records, the car was in outdoor parking, rain and sun and no maintenance, resulting in more damage. The consumer could only resume his car three years years.
In its application, the author claimed that there was deterioration in vehicle mechanics and bodywork. Also, there were a thousand kilometers on the odometer discrepancy, as evidenced by the expertise.
The rapporteur of the case, Judge Gerson Santana Cintra, said in his vote that there are other legal means to collect debts. "The defendant had of conduct considered arbitrary and contrary to contractual good faith, especially for existing in our legal system legal action to collect the debt."
Santana Cintra, the company was wrong to "condition the delivery to pay debts that have no relation to the service provided and should have done the assignment of the car in court, getting in default from the lender. He preferred, however, continue in office and, worse, not cared for the same as it was required to. " With information from the TJ-GO Press Office.
Click here to read the decision.
Source: Idec
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This article was translated by an automatic translation system, and was therefore not reviewed by people.