08/08/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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The 25th Law Chamber of the Court of São Paulo remained decision condemned monitoring company and vehicle tracking to indemnify owner who had his stolen motorcycle and not located. The compensation for damages will understand the contracted amount, with due monetary correction.
The defendant argued in his defense that the contract only provides for screening and not the recovery of the vehicle and also that the contract exempt from liability if there is interference signal in the coverage area.
The chief judge Carmen Lucia da Silva said in his vote that, according to the Consumer Protection Code, the service provider has strict liability with respect to compensation for damage caused either by inadequate services in relation to the results expected of them, either with regard to insufficient information or disabled on your risks. "The fact is that the company has not adequately informed the customer about the restrictions of the promised services and did not prove that the service provided in the form that it was him."
The justices Hugo Crepaldi and Marcondes D'Angelo followed the vote of the rapporteur.
Appeal No. 1004913-25.2014.8.26.0161
Source: TJSP
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This article was translated by an automatic translation system, and was therefore not reviewed by people.