Consumer News

Funeral home to pay for charging excess weight fee

08/11/2016

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The Vidaprev Assistance Plans Ltda. It was ordered to pay R$ 50,000 in compensation for moral damages to a customer of a funeral plan. The decision is the assistant judge Fabiano Afonso, the 18th Civil Court of Belo Horizonte.

According to the file, the client signed a contract with funeral Vidaprev that guarantee complete coverage of the funeral and coffin to him and his family. However, to carry out the burial of his wife, Vidaprev charged an extra fee on the grounds that the woman was overweight.

In his defense, Vidaprev claimed that the figures for the burial and tombstone recording were charged by other companies, and also asked the counterclaim to charge the remaining 32 installments of the provision of funeral service contract.

To grant the request, Fabiano Afonso judge took into account, in addition to the documents supporting the process, a similar decision TJMG. For him, the client was the victim of racketeering, as companies held accountable by the defendant are nonexistent and receipts were made and provided by Vidaprev. The judge ordered a copy of referral of the case to the Public Ministry of Consumer Curator and Bureau of Crimes against consumers, civil police, and set the moral damages in the amount of R$ 50,000 to discourage similar behavior.

Regarding the counterclaim action, the judge deemed it unfounded and ordered the company to 20% fine payment on the amount of the claim to compensation for demand in bad faith, humiliate and mislead the consumer.

Being the first instance, the decision is subject to appeal.

Follow the procedural motion: 7251458-29.2009.8.13.0024.

Source: TJMG

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