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Apple is ordered to indemnify client had denied service in RS

08/15/2016

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

 

 

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The giant Apple technology was ordered to compensate a client who had denied technical assistance within the product's warranty period. By decision of the Court of Rio Grande do Sul, Apple Computer Brazil should restore consumer with the value of the iPhone 5s device and pay an additional R$ 1,000 for moral damages.

The order in Small Claims Court was filed by the consumer after the denied assistance even with the appliance within the warranty provided by the company. Apple claimed that there was no guarantee, because the unit was purchased abroad and was not approved by the National Telecommunications Agency (Anatel). With the denied request, the client appealed the decision.

In the second instance, the judge rapporteur resource Vivian Cristina Angonese Spengler accepted the request. "It was up to the defendant to prove that the equipment was working and that the defect was caused by misuse of the consumer", which did not occur in the process. As for moral damages, the magistrate said the fact "exceeded the mere annoyance and inconvenience they are subjected to people in everyday life."

In addition to Vivian, with the vote of the Judges Elaine Maria Canto da Fonseca and Ana Claudia Silva Cachapuz Rahab the Second Class Civil Appeals RS.

 

Source: UOL

To access the UOL website, click here.

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

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