Post by account_disabled on Mar 11, 2024 23:49:28 GMT -5
It is improper to charge an invoice for service provision for a period in which any contractual relationship between the parties no longer exists and the service is no longer performed. With this understanding, the 4th Civil Court of Santos declared the debt unduely charged after portability unenforceable and ordered Claro to pay R$8,000 in moral damages.
reproduction
Claro was ordered to pay compensation for undue charges
Reproduction
The process states that the author Portugal Mobile Number List requested the portability of her telephone line to another operator, but was charged unduly after the operation was completed. Despite numerous attempts to resolve the problems, the telephone company continued to charge.
Judge Frederico dos Santos Messias asserted that the plaintiff proved that she paid the last installment due, referring to the service provided by Claro in November 2020, but this did not demonstrate the provision of service after portability.
According to the decision, the debt is unenforceable and the amounts unduly paid in double are returned, since the defendant was aware of the illegality of the charge and did nothing to resolve the problem.
'Pocket Pedagogy'
Regarding moral damages, the judge noted that, in this case, the undue charge lasted for a long period, even in the face of several complaints made. Thus, the consumer wasted resources and time on claims that could have been easily resolved by the company.
This loss of free time, due to the responsibility of the provider, causes harm to the consumer according to the theory of productive diversion, in which time, in its static perspective, began to be valued as a legal asset deserving of indisputable protection , continued Messias.
Therefore, he considered it appropriate to set moral damages at a value that compensates for the fact that the consumer failed to do what he wanted and had to dedicate his time to solving a problem caused by the provider.
"The 'pocket pedagogy' is, beyond any doubt, at the current stage of humanity, the most effective instrument in order to avoid reiteration of conduct", defines the judge.
For Marcos Dessaune , creator of the concept of productive deviation, the theory " was very well applied to the specific case, including mention of the specific assumptions for the configuration of the supplier's civil liability".