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Oi is convicted of misleading advertising and shall indemnify client

05/03/2016

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 

 

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For Brazil Economic

The phone company tried to appeal, but failed to take punitive damages; client should receive at least R $ 8000

Oi have not installed broadband and must pay compensation of R $ 8,000 for moral damages

disclosure

 

The 3rd Civil Chamber of the State of Mato Grosso do Sul decided unanimously condemn Oi by false advertising, forcing it to pay compensation for moral damages to the complainant.

The phone company, which would have not installed broadband promised to the customer at the agreed time, should pay compensation of R $ 8,000 for moral damages, pay double the amounts paid for the installation and monthly fee, in addition to a period of 30 days to solve the problem, may suffer daily fine of R $ 1.500 per day not fulfilled.

The rapporteur of the case, Judge Eduardo Machado Rocha, stated that the company must also pay attorneys' fees and costs by 15% over the amount of conviction. The judge provided the Hi resource only to establish that the initial term of default interest on the conviction relates from the quote.

The company had requested feature, stating that the installation did not happen by technical impracticability of providing broadband internet service, having just been made the promise "of future installation before the extension project." Moreover, asked the cancellation of moral damages, since the telephone service would be for home use, which does not explain the moral damage, and the reduction of legal fees to the 10% level.

According understood the rapporteur of the case, however, failed to provide service, lack of adequate and clear information, as stated in the Consumer Protection Code.

"It was for the service provider technical feasibility study prior to the service offering, and not doing, can not be attributed to the consumer the burden of their negligence," he said.

The judge also said that the situation experienced by the applicant caused suffering immaterial order, as reflected in repeated complaints and frustration of broadband services contracted due to the failure in providing the service and the value set by way of moral damages complies with the principles reasonableness and moderation.

The report of the Economic Brazil contacted the spokesperson for the company said that "Hi does not comment on ongoing lawsuits."

* With TJMS information

 

Source: Economic Brazil

To access the Brazil Economic site, click here.

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This article was translated by an automatic translation system, and was therefore not reviewed by people.

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