Clipping of news on Brazilian Culture, Law and Citizenship
07.10.2015
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Adjustment, improper billing and bundling are common complaints
At the tip of the pencil. The readjustment of monthly, one of the main consumer concerns, needs to be justified with spreadsheets - Agency Globe / Pablo Jacob
RIO - In a heartbeat and it is already October, time to make school enrollment. In times of economic crisis, the monthly increases are already taking sleep of who pays the bill. The Rio municipality of Educational Establishment of Trade Union (SINEPE Rio) states that there is no way to predict what the average percentage applied to 2015 figures, despite some slips are already coming. But there's more to worry about than how much it costs to keep students in school enrollment. Problems like irregular collections of collective material, abusive interest rates and tying are repeated year after year in the consumer protection agencies.
According to the promoter of Justice Christiane de Amorim Cavassa Freire, coordinator of the Center for Support of Public Trusteeship Justice Prosecutors Defense Consumer and Taxpayer, the Public Ministry of Rio at the end and the beginning of the year, just at the time of enrollment, It is when most are complaints about the industry.
Defaulters HAVE RIGHTS
Charging a 13th installment as pre-registration fee and an annual adjustment of about 20% in value of the annuity concerned a group of parents of students of Educational Center Bar Unit Lagoa (CEL). They are trying to schedule a meeting with management to negotiate a lower percentage.
- You paid dearly, and this percentage is well above inflation and will weigh heavily in their parents' pockets, especially those who have more than one child in school, which is my case, I have three studying there - says the pharmaceutical Tania Martins who already visit other schools nearby.
The lawyer Fernando Dutra, also the father of a student of CEL unit of Barra, has entered even with a complaint, on 24 September, with the MPRJ, questioning the charge. According to the prosecutor Christiane Cavassa, the complaint must reach the hands of the prosecutor later this week, it is he who will decide on the unconscionability or not charging.
- We urge consumers to continue communicating irregularities to the MP, so we can act. By Consumer Winner own website, people can search on cases that have already been tried and abusive report to have been subjected to similar charges - complete.
The CEL clarifies that does not charge an additional fee to the annuity. According to the institution, the amount can be paid in full at enrollment or divided in up to 13 installments, according to contract for services and price list, according to the law.
The Procon-SP advises that schools should disclose possible adjustments, proposed contract, the annuity value and the number of places per class, with 45 days prior to enrollment. Reservations for the following school year are allowed. However, explains aa coordinator of Procon-SP Education area, Renata Reis, the sum of all installments to be paid, including this fee may not exceed the amount of the annuity or half-yearly foreseen in the contract.
Renata points out that if give up the course before the start of school, the student or guardian is entitled to full refund of the amount paid as registration, considering that, before the start of the school year, there was no effective provision of services and There is the possibility of the vacancy is filled.
- The Procon-SP understands that the school refuses to return the value is incurring abuse. Thus, any contractual clause that point not to return registration is also abusive and null and void - out.
The question of default is another point always delicate. Say so Fábia Sadok de Sa, which owed part of the monthly March daughter, who attends high school in College Icarus, Recreational unit. Despite having paid all the remaining installments until August, when he sought the "Consumer Protection", it had denied the provision of teaching materials of the third quarter.
- The college claimed that, to receive the handouts, all the installments should be paid. My daughter suffered embarrassment, for everyone in the class just knowing why she was not getting stuff - account Fabia.
In response to the "Consumer Protection", the College Icarus reported that, according to the provisions of the contract, the teaching materials could be acquired at any time by the responsible of the student directly in Publisher exponent, which is why one can not speak in practice of tying. In addition, the establishment claims not to have made any embarrassment to the student.
Fortunately, the two parties reached an agreement, the material was delivered to the student, and the monthly fee that was in arrears in installments over five times.
According to Procon-SP, schools can not require the material, even the uniform is purchased on the property itself. The only exception is specific material developed by the institution and, in the case of uniforms, those who have their own trademark. The agency also points out that also can not be required, even in kindergarten, commonly used materials - such as pieces of paper, cups, soap, toilet paper - that already have cost built into the monthly fee, as required by Federal Law 12,886 / 2013.
SCHOOLS cite UNCERTAINTIES IN THE ECONOMY
After taking a fright with the adjustments of the son of tuition, in 2014 - the increases were 10% and 32%, respectively, for the basic schedule and full - Claudio Sarmento Conilho already studying alternative schools in 2016, afraid the amount that will come in the billet.
- I considered the increase of 10% right and proper, but 32% for the whole period is abusive and unjustified. So, I sent the letter to the "Consumer Protection" at the same time trying to negotiate with the school.
In addition to the percentage Conilho was angry before the negative direction of the Marist College of St. Joseph in the plant, to provide a detailed spreadsheet of costs, so he could see if there was justification for the increase:
- The school management claimed that, in full, the highest costs were for food, whose prices were outdated. But did not provide data on which the adjustment would need to reach that level - complains the consumer who thought about seeking the Ombudsman, but dropped out before the slow pace of justice.
According to the direction of the Marist College of St. Joseph, the Full-time Program (IHP) is an additional extracurricular service contract, unrelated to the educational contract itself. The direction states that the adjustment practiced in the service of the annuity is simply an adjustment in the cost sheets, to balance expenses and revenues. In a statement, the Marist St Joseph says that compared to similar programs market values, clearly realizes that if "the activity was being subsidized by the college, so that its maintenance in the previous parameters became unfeasible."
The President of the SINEPE River, Edgar Flexa Ribeiro says that school principals are also concerned about the scenario of uncertainty that is drawn for next year. He said the economic instability in which the country becomes complicated a task that was no longer simple: determine a price (tuition) which has remained unchanged for 14 months, until January 2017.
- Will the finance minister tell me what is the inflation in 2016? As the adjustment will ask teachers in your base date in April? Ideally fix the value of the annuity in US dollars. We are going back to the "golden years", when you do not know how much value our currency - complains.
The talk with customers about resetting the tuition was always ensures Flexa Ribeiro:
- We know that if the adjustment is high, in addition to default, we run the risk of customer drain. It is a very difficult time.
Source: The Globe
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This article was translated by an automatic translation system, and was therefore not reviewed by people.