messi22
Boy Pok³adowy
Do³±czy³: 05 Mar 2024
Posty: 1
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 Claro is ordered to compensate the consumer for productive |
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Contractual breach, in itself, generally characterizes a mere unpleasantness common in consumer relations, only configuring compensable moral damage when it results in an offense to the right to personality. With this understanding, judge Carlos Magno Rocha da Silva, of the 14th Civil and Environmental Court of Goiânia, ordered Claro to pay compensation for moral damages of R$4,000 to a client. The company was condemned as productive diversion. 123RF 123RF Claro is condemned for poor service provision and consumer misuse "In this case, the negligence of the defendant to provide the plaintiff with the telephone services offered to her, giving effect to the complaints of failure to provide the services, the wear and tear on the plaintiff.
The negligence of the defendant, causing the Iran Telegram Number Data plaintiff to need to take legal action to the solution to the problem reported in the exordial, goes beyond mere unpleasantness and leads to the illicit", said the magistrate. Therefore, the judge stated that the client deserves to be compensated for the deviation of useful time, "this as a form of compensation for the damage caused by her removal from everyday peace, shaken by the defendant's harmful conduct, to deal with a matter that should be resolved ex officio by the service provider when informed of the unsatisfactory service provided.
The customer claimed to suffer constant failures in the provision of telephone service, such as inconsistent signal, interruption of calls and network unavailability. According to her, there were several attempts to resolve the problem, but without success. Claro, on the other hand, argued that coverage in the region where the customer lives is satisfactory. However, according to the judge, the company presented documents referring to another address —- and not the place where the plaintiff lives. In this way, according to Silva, Claro failed to "prove its allegations, that it had provided the contracted service without complications, which does not appear to be credible given the evidence to the contrary included in the records".
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