Clipping of news on Brazilian Culture, Law and Citizenship
09/22/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Brazil bank was sentenced to indemnify consumers Photo: Priscila Belmonte / Extra
Extra
The Bank of Brazil shall pay R$ 34,400 in moral damages and material illegally cashing rate on the current account inactive of a businessman in Cascavel, in the state of Ceará. The decision is the 1st Court of the municipality District, located in the Metropolitan Region of Fortaleza.
According to the lawsuit, in 2012, the client hired an insurance for his car, and to make the payment of the six insurance installments, activated a current account of the Bank of Brazil, which was disabled two years ago. Upon activation, the consumer was informed that there was no debt linked to the account.
The plots would always be debited on the 12th before the first installment due date, the customer has deposited value. After a few days, the businessman was involved in an accident in which the car had a total loss. To his surprise, the insurer denied coverage due to failure to pay the first installment of insurance.
Because of this, consumers realized that the amount deposited in the account was debited by the bank to pay bank fees for the account period of inactivity. He filed a lawsuit to request a moral and material compensation, noting that, to be without a car, needed to rent a car to take his pregnant wife to the doctor often.
In Justice, the Bank of Brazil held to be legal to charge accumulated rates in the period that the account has been inactive.
In judging the case, the magistrate ordered the payment of compensation material R$ 22,150 related to the value of the vehicle, and R$ 2,250 related to car rentals. The institution will also have to pay R$ 10,000 for moral damages.
According to the sentence, "not to use the current account may not give rise to the collection of maintenance fee, even because of the ineffective provision of any service by the financial institution lastreasse taxation, regardless of formal cancellation request."
The judge also pointed out that "there is compensable moral damage, in that it is undeniable that the quake that confident of being insured, seek help before disorder in everyday life, and, in addition, sees his election justifiably refused by the insurer apurando- is exclusive of the financial institution fault. "
Source: Extra
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This article was translated by an automatic translation system, and was therefore not reviewed by people.