Post by messi05 on Jan 23, 2024 23:49:50 GMT -6
Stores that are negligent towards fraudsters are liable for the losses they cause to consumers. Based on this understanding, the 24th Civil Chamber of the Court of Justice of Rio de Janeiro ordered a chain of department stores to pay R$ 12 thousand in compensation for material and moral damages to a customer who suffered a blow at a unit of the chain in capital of Rio de Janeiro. The man purchased a cell phone sold by a man wearing clothing with the company's identification. After paying in cash, the fake employee said he would issue the invoice and disappeared.
The case's rapporteur, judge Nilza Bitar, rejected Buy Phone Number List the company's claim that the consumer was not cautious. According to her, it is unreasonable to require the customer to know that the swindler's uniform was different from that of other employees, especially because the store's workers wear different types of clothing. And the store manager knew that this scam was common in the center of Rio, the rapporteur pointed out. Therefore, the judge understood that the company violated the good faith that should govern consumer relations.
“The occurrence of fraud in the act of purchasing a cell phone could only be effectively carried out due to the store's supervisory inertia, which is, therefore, a fact capable of generating evident moral shocks to the consumer, thus legitimizing the conviction imposed in the sentence beaten”, argued Bitar. Thus, she determined that the client receives R$2,000 in material damages and R$10,000 in moral damages. The understanding was followed by the other members of the class. State. The rapporteur, however, denied the request to precautionarily remove politicians currently in office. He also authorized search and seizure at the home of José Bezerra de Menezes, president of Bicbanco at the time of the facts investigated.
The case's rapporteur, judge Nilza Bitar, rejected Buy Phone Number List the company's claim that the consumer was not cautious. According to her, it is unreasonable to require the customer to know that the swindler's uniform was different from that of other employees, especially because the store's workers wear different types of clothing. And the store manager knew that this scam was common in the center of Rio, the rapporteur pointed out. Therefore, the judge understood that the company violated the good faith that should govern consumer relations.
“The occurrence of fraud in the act of purchasing a cell phone could only be effectively carried out due to the store's supervisory inertia, which is, therefore, a fact capable of generating evident moral shocks to the consumer, thus legitimizing the conviction imposed in the sentence beaten”, argued Bitar. Thus, she determined that the client receives R$2,000 in material damages and R$10,000 in moral damages. The understanding was followed by the other members of the class. State. The rapporteur, however, denied the request to precautionarily remove politicians currently in office. He also authorized search and seizure at the home of José Bezerra de Menezes, president of Bicbanco at the time of the facts investigated.