Clipping of news on Brazilian Culture, Law and Citizenship
07/25/2016 Source: Complain Here
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Consumers can choose whether to shoot down the value in the next bill or get money back
Between January and May this year, 5,145 people opened a complaint in Claim HERE on charges of duplicity. Apparently, the problem is common among consumers, but many of them may not know their rights and how to act on the case.
First, realizing that paid twice the same account, the customer should contact the company. Generally, they prefer to return on credit, shooting down the value in the following invoices. However, the consumer can choose to recover the money into account.
The lawyer Jansen Oliveira explained to Complain Here News that the client can "choose to recover the amount through credit on your invoice, which can be used to discount the next, or even may request that the amount be transferred to your account bank, its ownership or other. Therefore, he should seek the Customer Service (SAC) and inform your decision. "
abuses
Failure to pay the amount in duplicate is an abuse to the customer. Jansen explains that Article 39 of the Consumer Protection Code lists a number of rules that can translate into abuse the consumer, such as the refusal to refund the amounts paid in duplicate; the lack of information regarding the return and the time for its execution.
"Having duplicate payment, is the consumer's right to return the amount paid double," said the expert. As the single paragraph of Article 42 of the CDC, the return double occurs when the consumer is charged in undue amount, being released in justifiable error hypothesis.
However, the return double, also according to art. 42, only occurs when the mistake of charging is unjustifiable. That is, "The return double is appropriate when remaining proven supplier of bad faith," says Jansen.
Deadline for return
Jansen says that the CDC sets no deadline to occur repaid by the company. "What has been extracted from judicial decisions is that a maximum of 30 days, the supplier must reimburse the consumer for the undue amount paid, either double or not in cash or by credit account", he explains.
If the company refuses or do not return after all legal procedures performed by the consumer to obtain a refund of amounts paid in duplicate, the lawyer explains that "he should enter action before the special civil court, claiming the refund due to the legal charges. " In addition, it the record in Claim HERE everything that happened.
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This article was translated by an automatic translation system, and was therefore not reviewed by people.