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adulterated fuel generates compensation

09/23/2016

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

 

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Gas station and a global power supply were condemned jointly and severally to pay R$ 24,322.80 for real property damage, the damage caused to a vehicle of a microenterprise da Serra, which was stocked with adulterated fuel.

Defendants shall also indemnify the plaintiff in R$ 6,570.00 reais, the profits that the applicant failed to obtain during the period in which the vehicle was unusable.

According to the file, after exactly 134 kilometers driven after refueling, the vehicle malfunctioned through a crash. Sent for repairs, it was found that the use of adulterated fuel was responsible for damage to the truck bomb, and after analysis, they found five times the amount of water in the product.

The gas station, although duly summoned, failed to present his defense within the legal deadline. Already the power supply company refuted the report presented by the author, claiming it did not provide the gas station no fuel outside the quality standards established by the National Petroleum Agency.

For the company, the only possible explanation is that the plaintiff has made a mistake and entered the fuel in a tank for the other. However, in his reply, the applicant stated that, although the report has pointed to contamination by other fuel, damage to the truck bomb was due to the low lubricity of the substance, or poor quality fuel.

In the face of the evidence, the magistrate of the 2nd Civil Court of Sierra said there in the record evidence that the defendants were responsible for providing the fuel that caused damage to the vehicle of the requesting party. According to the judge, the author joined the file technical reports that prove the cause of the crash vehicle for contamination of low lubricity fuel.

The case was arbitrated in accordance with the Consumer Protection Code (CDC), by which it is for the defendants to prove the innocence of the allegations made against him, which did not occur. Also by the CDC, the supplier also liable for damages caused to defects relating to its products, leading the judge to condemn, jointly and severally, the gas station and power supply company.

Procedure: 0022230-39.2013.8.08.0048

 

Source: TJES

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

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