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The purchase of a new car becomes a real nightmare for the architect Rodrigo Azzolin of Curitiba. In December, he bought a new Fiat Palio Fire Flex, but the concessionaire has received a vehicle apparently used. The right column of the front car had undergone repairs, the painting of the ceiling had touches and shards of glass were found inside the vehicle - which had barely left the dealership. Cases such as Azzolin are characterized as a failure of supply, and leave four options to consumers, according to the Defense: require a reduction in the price of the good, discard the business, ask the repair of the product or the enforcement of forced supply.
"It was a car he offered to zero, and this provision must necessarily be fulfilled," says the lawyer and law professor of the consumer of the Pontifical Catholic University of Paraná (PUCPR), Antônio Carlos Efing. "If he is paying the price of a new car, the company has to deliver a new vehicle. That is what the law determines when speech that the parties must act in good faith. "

Azzolin chose to undo the deal after verifying the damage that was in the car. The most serious problem was found in the column that supports the windscreen. She had several points of solder, indicating that it had already passed through maintenance. "Some insurers consider damage in this column as a total loss of the property, given the difficulty of realignment," says the architect. Azzolin also notes that the painting was in the car touches the outside and inside bark. It had rust on screws in the car. "I felt cheated when I saw all these problems."

The architect has the concessionaire Florence, where he made the purchase, to undo the deal, but the request was denied by the company. "I spoke that the only alternative I had was to repair the service. Not accepted. After five days of much stress, finally agreed to give me a new car, "says. It was only on January 6 that the architect was another car, according to the optional factory that was chosen.

According Efing was a prerogative of the consumer would choose to close the business or the enforcement of forced supply. "In practice, as the consumer usually unaware of their rights, always have the pressure of the supplier."

Rationale

The lawyer of the concessionaire Florence, Marcelo Araújo, said that the negotiation for the return of the vehicle was so spontaneous by the concessionaire, and that Article 18 of the Consumer Defense Code sets a deadline of 30 days for the company achieve the necessary repairs in a damaged product. "Only after 30 days, if there was a solution of the problem, it would be necessary to return the vehicle, but there was agreement between the parties. In this case, we can say that Florence was beyond what the law requires, "says the lawyer.

The legal advisor of Procon-PR, Marta Favret Paim, the rebate claim, and says that the time quoted by the lawyer refers to products with factory defects - that would not be the case Azzolin to the car, where there was failure of supply .

The concessionaire says does not know how the car was damaged. The lawyer noted that the company had no interest in finding out if the damage had been caused in the plant, preferring to take the loss. "There was an exchange of the car and is not discussed more. Not discuss whether the car was well done, badly done, it was broken, beaten, retired or something, "he said. The same vehicle, according to the lawyer, was later sold to another customer as seminovo.

Damage

Azzolin intends to sue the company for damage. "I was no car at the end of the year and this caused many disorders. Besides the extra expense with documentation and office, "reports. The lawyer of the firm view that there is no reason to indemnify the client company, since the problem was resolved. Marta, the Procon, says there are differences between judges in the trial of such a process. "A judge may find that the repair of damage, with the provision of a new product, already addresses the issue. Another may believe that the consumer is entitled to indemnification. "



Source: Gazeta do Povo

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