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The 4th Chamber of TJCE Decided on February 5 to Maintain the Conviction of Enel to Pay R$ 10 Thousand for Moral Damages After Illegal Energy Cut and Undue Negative Registration, with Service Failure Between November and December 2021
The 4th Chamber of Private Law of TJCE ordered Enel to pay R$ 10 thousand for moral damages to a consumer after an illegal energy cut and undue negative registration, in a case that occurred between November and December 2021 due to a failure in service provision.
The decision was made by the 4th Chamber of Private Law of the Court of Justice of Ceará, with the report by Judge Djalma Teixeira Benevides, when judging an appeal filed by the utility against a first-instance ruling.
According to the records, the consumer had her energy supply suspended on November 11, 2021, despite having paid the bill on time, without any prior notice from the company.
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In addition to the cut, the client’s name was listed with credit protection agencies even with proof of regular payment, a situation that aggravated the troubles faced during the period analyzed by the Judiciary.
After attempting to resolve the issue through administrative means, the consumer managed to restore the service only on November 24, remaining without electricity in her home for 13 days.
Even with the debt settled, the utility suspended the service again on December 12, 2021, continuing the charge considered undue in the records, which led to the search for judicial redress.
In light of the facts, the woman filed a lawsuit requesting compensation for moral damages, a request contested by Enel, which argued that there was no wrongdoing or compensable damage.
The Court of the Single Court of the Municipality of Cedro granted the request, setting compensation at R$ 10 thousand and ordering the immediate removal of the consumer’s name from credit restriction registries.
Appeal Denied by the 4th Chamber of TJCE
Dissatisfied, the company filed appeal number 0200362-69.2023.8.060066, requesting the reform of the ruling to overturn the condemnation for moral damages, an argument rejected by the panel.
When judging the appeal on February 5, the 4th Chamber denied the motion and upheld the first-instance decision, recognizing the failure in service provision by the utility.
“Given the factual and evidentiary set, considering the illegality of the cut and the undue registration of the author’s name with credit agencies, a failure in service has been characterized,” stated the rapporteur Djalma Teixeira Benevides.
The judge also highlighted that the proof of timely payment made the illegality of the conduct evident, justifying compensation for the moral damages suffered, according to the consolidated understanding of the panel.
The case involved two energy cuts in just over a month and undue negative registration, factors considered relevant for maintaining the indemnity amount fixed in the original ruling, according to the judgment.
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