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Unusual situation in Santa Catarina reveals undue energy charge linked to tourist spot, leading the Judiciary to recognize public authority’s failure and determine compensation after detailed technical confirmation of the irregularity.
A resident of Lages, in the Santa Catarina mountains, obtained the right to be compensated in court after it was proven that the electricity consumed by a tourist spot in the city came directly from the consumer unit installed on his property.
In the sentence, the Public Treasury Court of the district set R$ 10,000 for moral damages and R$ 1,409.72 for material damages, an amount that corresponds to both the undue charges identified and the cost of the professional hired to investigate and interrupt the irregular connection.
Disclosed by the Court of Justice of Santa Catarina, the decision attributed responsibility for the undue supply to the municipality of Lages, while recognizing that the resident bore expenses that were not his for months.
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According to an article by the G1 portal published this Thursday (23), despite this, there is still the possibility of appeal to the TJ-SC itself, as it is a first-instance decision, although the initial understanding indicated that the consumer had to act on his own to resolve the situation.
Higher-than-normal electricity bill raised suspicions
Located on Morro da Cruz, an area known for attracting visitors and housing religious structures, the resident’s property began to register an unusual increase in electricity bills throughout early 2024, without a corresponding change in consumption patterns.
Given this unexpected rise in charged values, he began a more detailed verification to identify the origin of the problem, initially ruling out hypotheses related to internal equipment use or changes in the property’s routine.
As the investigation progressed, it was found that the lighting of a nearby cross and chapel was being powered by the electrical grid linked to his property, a situation that occurred without the authorization of the consumer unit holder.
This finding completely changed the understanding of the case, as it moved away from the idea of simple domestic consumption fluctuation and indicated that structures of public interest were being supplied by a private connection.
Lack of response from the city hall prolonged the problem
After identifying the possible origin of the irregularity, the resident sought the municipal administration with the aim of resolving the situation administratively, expecting an intervention that would interrupt the undue supply and correct the charges.
However, as recorded in the judicial decision, there was no effective response from the public authority, nor any concrete measure capable of stopping the problem or preventing the amounts from continuing to be charged to his energy bill.
Without an immediate alternative, he decided to hire an electrician to perform a technical analysis of the installation and carry out the necessary disconnection, incurring a cost that was later also included in the request for reimbursement.
After the professional’s intervention, the irregular connection was interrupted, and, that same night, part of the tourist spot’s lighting stopped working, reinforcing the direct relationship between the registered consumption and the property’s network.
This episode was relevant in the process because it demonstrated, in a practical way, that the energy used outside the property was linked to the author’s consumer unit, although the decision considered the set of evidence gathered.
Expert report confirmed irregular connection
During the processing of the lawsuit, a judicial expert examination was carried out to identify the exact origin of the electrical supply, a step considered essential to clarify the controversy and remove doubts about responsibility for the registered consumption.
The technical report confirmed that the energy used for the illumination of the tourist spot was drawn from the resident’s consumer unit, consolidating the proof that there was an undue charge associated with the private property.
Based on this result, the Public Treasury Court concluded that the municipality’s responsibility was characterized, understanding that the situation went beyond a mere daily annoyance faced by consumers.
According to the ruling, the resident paid for a service they did not use, bore costs to resolve the problem, and did not receive adequate support when seeking a solution from the public administration.
In this context, the expert assessment played a decisive role in providing a solid technical basis, fundamental for differentiating generic allegations from objective proof in disputes involving electricity consumption.
Compensation recognizes moral and material damages
Upon analyzing the case, the judge set compensation of R$ 10 thousand for moral damages and ordered reimbursement of R$ 1,409.72 for material damages, amounts directly related to the undue charges and expenses proven in the process.
The recognition of moral damages took into account the fact that the harm was not limited to the financial aspect, but involved the need for self-initiative to solve a problem whose origin was linked to the actions of public authorities.
Furthermore, the decision highlighted that the consumer was subjected to a prolonged situation of unjust billing, without an effective administrative response, which contributed to the characterization of the damage.
Even with the defined conviction, the case may still be analyzed in a higher court, should the municipality choose to appeal the first-instance decision.
Case highlights direct impact on consumers
The episode that occurred in Lages demonstrates how failures in public infrastructure can directly affect a consumer’s budget, especially when undue billing prolongs over time without immediate identification of the cause.
In situations like this, the impact tends to accumulate silently, as increases in electricity bills are not always immediately associated with external connections or irregularities in the electrical grid.
It is also evident that the solution only progressed effectively after the production of technical evidence and the intervention of the Judiciary, as the initial administrative attempt was not sufficient to resolve the problem.
Even if the recognized material value is not high, the decision reinforces the importance of accountability when there is undue billing and omission in correcting failures that directly affect the consumer.
In the case history, it was highlighted that structures on Morro da Cruz were being supplied with energy drawn from a private property, an element that underpinned the judicial understanding of the municipality’s responsibility.
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