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undue power cut generates duty to indemnify

06/13/2016

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

 

 

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Source: TJSP

 

The 26th Chamber of Private Law of the São Paulo Court of Justice condemned electricity distribution company to pay compensation for improper cutting the power supply to a residence. The amounts were set at R$ 10 thousand as moral damages and a fine of R$ 30,000 due to noncompliance with court order.

        On the record that the author requested the registration of the electricity meter in his name in 2014, but a month later, the supply was suspended. She made numerous requests for regularization to the company, but the service was only restored after one year, even with court decision determining the reclosure of energy.

        For the rapporteur of the appeal, Judge Reinaldo Felipe Ferreira, poor service provision characterizes the duty to indemnify. "Unduly Suspending the supply of the service, leaving the consumer without power, evident that suffered disorders go beyond the mere unpleasantness, generating unquestionable moral shock and justifying the repair of resultant damage and arising from the act of the defendant company indiligente."

        The justices Antonio Nascimento and Bonilha Filho also joined the judging class and followed the vote of the rapporteur.

 

        Appeal n ° 1019337-55.2014.8.26.0005

 

Source: TJSP

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