Clipping of news on Brazilian Culture, Law and Citizenship
08/10/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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The 3rd Civil Law Chamber sentenced telephone company to pay moral damages in the amount of R$ 25,000 for consumer now torment to hire additional package of voice, data and television with frequent signal failures. Displeased, she called for the cancellation of the services and maintenance of fixed telephone, which had 20 years ago. However, to fulfill the request, the operator fully terminated the contract and continued to charge the invoice line.
Even before various complaints in the administrative procedure and the Procon, the author failed to recover the contracted line and, as if that were not enough, began to suffer undue charging for service already canceled. On appeal, the consumer required the increase in moral damages fixed in the judgment and return double the magpie.
The rapporteur, Judge Marcus Tulio Sartorato acknowledged that the recklessness of the defendant to make improper cutting of fixed telephone line and their negligence in solving the problem in the administrative and Procon allow top up the indemnity amount and apply the refund double the amount charged .
"There are doubts about the tort subject to indemnification [...] committed by the defendant, which was imprudent to make charges for services that were not being made available in the proper manner to the consumer, and at a later time had already been canceled including" he noted the magistrate. The decision was unanimous (Appeal n. 0809790-09.2013.8.24.0023).
Source: TJSC
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This article was translated by an automatic translation system, and was therefore not reviewed by people.