Clipping of news on Brazilian Culture, Law and Citizenship
08/21/2012
This article was translated by an automatic translation system, and was therefore not reviewed by people.
When not meeting the deadline harm the consumer by the utility, he is entitled to seek compensation for losses suffered
It is important that the consumer before choosing a dealership that will make buying your new car, do a site search of Procon and the internet in general about possible complaints regarding delay in delivery vehicles, so do not be surprised later. "At the time of purchase, the consumer has the right to know if the product is available in stock," says attorney Idec, Christian Printes. Even if the vehicle is not immediately available, the licensee shall inform in how long the product will be delivered.
One caution that consumers should have, if the vehicle is not available in stock, is to make the information on the deadline listed in the contract or invoice for the delivery of the vehicle. The lack of information about the delivery time is characterized as abuse (art.39, XII, CDC).
Also, in order to prevent or at least try to stop, there is a delivery vehicle out of time, the consumer can negotiate with the dealership that is stipulated in the contract a penalty if the vehicle is not delivered within the agreed time, provided there is a acceptance by the supplier accordingly.
If still there is delay in delivery, the consumer is protected by the CDC (Consumer Protection Code), which provides that this practice is characterized as a breach of provision (art.35). "In this case, the consumer may require as much as the utility vehicle manufacturer, alternatively: the forced compliance of delivery of the vehicle or other vehicle equivalent or even the cancellation of purchase with a refund of the amount paid with proper indexation," explains Printes. "If the consumer is harmed by this delay, he may still ask in court compensation for damage suffered."
Should the consumer choose an equivalent vehicle, a vehicle is entitled to the same amount that has been paid and not delivered, which should be readily available to the consumer. If the vehicle is of lowest price, he is entitled to receive the difference between the amount previously paid and what he actually got.
The procedure which the consumer should follow is to give a complaint in writing to the dealer and / or manufacturer, requesting delivery of the vehicle or an equivalent, or if there is more interest in acquiring the vehicle, the cancellation of purchase.
In the latter alternative the consumer is entitled to full refund of money already paid. "This type of situation can cause moral damage, depending on the case. For example, with the excessive delay in delivery of the vehicle combined with a lack of accurate information to the consumer by the supplier as to when the vehicle will be delivered, he might try in court compensation. Thus, if it is proven effective any prejudice resulting from the lack of delivery of the vehicle, the consumer can indeed try to recover court the material and moral damages he has suffered, "the lawyer adds.
If the problem is not resolved after the initial contact with the dealership and / or manufacturer, the consumer must go to a body of consumer protection, such as Procon, and make a complaint about the lack of delivery of the vehicle on time. If even with the intervention of the consumer protection agency the issue is resolved, the consumer has the right to bring a lawsuit, through a JEC (Small Claims Court), if the value of the claim of the consumer is up to 40 minimum wages, noting that if this value is not more than 20 minimum wages, even be necessary to have a lawyer present.
Source: The Day Online
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This article was translated by an automatic translation system, and was therefore not reviewed by people.