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Considering the "tiredness" suffered by the consumer, the 27th Chamber of Private Law of the São Paulo Court of Justice ordered two workshops and an insurance company to compensate a customer with R$20,000 for the delay in repairing the vehicle after a crash. reproduction Customer will be compensated for 10 months of "tiredness" to have the vehicle repaired According to the process, the defendants took ten months to perform the service, and the car was still returned with defects. In the decision, TJ-SP applied the theory of productive diversion, developed by lawyer Marcos Dessaune, which provides compensation for moral damages to customers for the time wasted to resolve problems caused by bad suppliers.
It can be inferred from the emails exchanged Iran Telegram Number Data between the parties that the consumer had to go through a true via crucis in order to obtain a solution to the dispute, without success", stated the rapporteur, judge Campos Petroni. According to the rapporteur, the customer suffered more than just disappointment with the frustration of having been without the car for a long period and still receiving it back with defects. "Thus, it is undeniable that the plaintiffs have felt anguish, deprivation of pleasures, leisure and amenities, concern, fear and feeling of powerlessness in the face of the situation created by the defendants," he stated.
Therefore, the requirements of civil liability in the case under examination have not been proven, so the compensation claim cannot prosper'', he wrote in the ruling. "Once boarding of the aircraft was authorized, there is no doubt that the respective documents were presented by the passengers which, in theory, would allow them to enter the destination country, generating in them the legitimate expectation of their regularity", stated the judge. For the judge, there was also an error on the part of the travel company. "The obligation to prove immunization presupposes prior and adequate information.
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發表於 2024-3-7 14:05:40