Post by messi05 on Jan 24, 2024 2:20:17 GMT -5
The simple charge, even if insistent and annoying, does not justify compensation for moral damage if there was no registration on the defaulter register. This was the understanding applied by the 2nd Appeal Panel of the Special Courts of the Federal District when reforming the sentence that had condemned a bank to compensate a public defender unduly charged for months due to the debt of a namesake. Faced with the persistent charge, the consumer filed a lawsuit in the DF Special Court asking for the non-existence of the contract alleged by the bank to be recognized and for the financial institution to be ordered to compensate for moral damages due to the numerous charges.
In the sentence , it was recognized that the defender Buy Phone Number List never signed the contract and the institution was ordered to pay R$6,000 for the damages suffered by the consumer due to the charges. On appeal, the bank acknowledged that the contract was signed by a namesake, but requested that the conviction for moral damages be reviewed. When judging the appeal, the TJ-DF Appeals Panel rejected the compensation. According to the board, there was a failure to provide the service. However, as the consumer's name was not registered in the register of defaulters, there is no reason to pay moral damages.
"A simple charge, even if insistent and annoying, does not give rise to moral damage if the debtor was not registered on the defaulter register", says the ruling , citing TJ-DF jurisprudence. For public defender Luiz Cláudio de Souza , author of the action, with this decision the court gave carte blanche to companies to bother citizens. As a result, according to Souza, the number of actions questioning the charges that will be made should increase. "As they feel confident that they will not be forced to reimburse consumers, business owners continue to adopt the same abusive practices, causing all kinds of annoyance to the consumer, which ends up taking the matter to the Judiciary, which in turn rules it as unfounded.
In the sentence , it was recognized that the defender Buy Phone Number List never signed the contract and the institution was ordered to pay R$6,000 for the damages suffered by the consumer due to the charges. On appeal, the bank acknowledged that the contract was signed by a namesake, but requested that the conviction for moral damages be reviewed. When judging the appeal, the TJ-DF Appeals Panel rejected the compensation. According to the board, there was a failure to provide the service. However, as the consumer's name was not registered in the register of defaulters, there is no reason to pay moral damages.
"A simple charge, even if insistent and annoying, does not give rise to moral damage if the debtor was not registered on the defaulter register", says the ruling , citing TJ-DF jurisprudence. For public defender Luiz Cláudio de Souza , author of the action, with this decision the court gave carte blanche to companies to bother citizens. As a result, according to Souza, the number of actions questioning the charges that will be made should increase. "As they feel confident that they will not be forced to reimburse consumers, business owners continue to adopt the same abusive practices, causing all kinds of annoyance to the consumer, which ends up taking the matter to the Judiciary, which in turn rules it as unfounded.