Post by messi05 on Jan 24, 2024 7:19:35 GMT
Condominiums that contract works and technological systems can be protected by the rules of the Consumer Protection Code, as they are the final recipient of the service. With this understanding, the 34th Private Law Chamber of the São Paulo Court of Justice gave a 15% discount on the value negotiated between a condominium and an elevator company. According to the author, the contractor promised a system that would make equipment faster and save energy, among other benefits, but a series of failures harmed residents and even increased electrical consumption.
Therefore, he asked to deduct 30% of the Buy Phone Number List expected value, demanded compensation of R$37,700 for extra expenses on the energy bill and also requested compensation for moral damage, given the “negative repercussion of the condominium’s image before third parties”. reproduction The rapporteur considered it evident that the company hired to resolve elevator failures is less vulnerable. reproduction The company responded that the lawsuit was filed prematurely, as the problems have been resolved over time. As all requests were rejected in the first instance, the condominium appealed to the TJ-SP, represented by lawyer Vinícius Zwarg , partner at the law firm Emerenciano, Baggio & Associados.
The rapporteur, judge Gomes Varjão, assessed that the CDC should be applied in this case, because the works are for the benefit of the author himself. He also considered the appellant's technical vulnerability in relation to the company to be “evident.” According to Varjão, the expertise saw “numerous problems” in the service: the scheduling of the elevators, for example, ended up increasing the number of trips to answer calls from residents, making clear the frustration of the contractor's expectations. Even so, the judge assessed that the company sought to correct flaws and was successful in some of them.
Therefore, he asked to deduct 30% of the Buy Phone Number List expected value, demanded compensation of R$37,700 for extra expenses on the energy bill and also requested compensation for moral damage, given the “negative repercussion of the condominium’s image before third parties”. reproduction The rapporteur considered it evident that the company hired to resolve elevator failures is less vulnerable. reproduction The company responded that the lawsuit was filed prematurely, as the problems have been resolved over time. As all requests were rejected in the first instance, the condominium appealed to the TJ-SP, represented by lawyer Vinícius Zwarg , partner at the law firm Emerenciano, Baggio & Associados.
The rapporteur, judge Gomes Varjão, assessed that the CDC should be applied in this case, because the works are for the benefit of the author himself. He also considered the appellant's technical vulnerability in relation to the company to be “evident.” According to Varjão, the expertise saw “numerous problems” in the service: the scheduling of the elevators, for example, ended up increasing the number of trips to answer calls from residents, making clear the frustration of the contractor's expectations. Even so, the judge assessed that the company sought to correct flaws and was successful in some of them.
so i can make admins