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Decision of the 6th Civil Chamber of the Court of Justice of the Federal District Recognized Objective Failure in the Periodic Inspection of a Zero-Kilometer Vehicle Purchased in December 2023, Determined Compensation for Irregular and Premature Tire Wear, but Rejected the Claim for Moral Damages by Understanding that There Was Only Breach of Contract without Relevant Harm to the Use of the Vehicle
The 6th Civil Chamber of the Court of Justice of the Federal District recognized the objective responsibility of a dealership for failure in the periodic inspection of a zero-kilometer vehicle, determining compensation for material damages related to tires and rejecting moral damages, due to the absence of significant harm to the consumer.
Partial Recognition of the Appeal and Scope of the Decision
The panel partially upheld the appeal to affirm the failure in the provision of the inspection service, excluding manufacturing defects of the tires. The decision limited liability to the dealership, without extending the condemnation to the tire manufacturer, in accordance with the evidence in the case.
The controversy analyzed involved a periodic inspection that did not include measures deemed essential for the proper use of the vehicle. The judicial conclusion established the link between the service omission and the premature and irregular wear of the tires.
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Origin of the Litigation and Claims Made by the Consumer
The consumer, a taxi driver, filed a lawsuit combining a demand for compensation for material and moral damages after purchasing the zero-kilometer car in December 2023. Among the reported problems were defects in the glove compartment and premature tire wear, impacting durability.
In the first-degree ruling, the claims were deemed partially valid, with the dealership only condemned to replace the glove compartment. The plaintiff appealed to increase the condemnation, while the companies contested the existence of defects or failures.
Grounds on the Failure in the Periodic Inspection
Upon examining the appeal, the civil chamber stated that irregular wear did not result from a manufacturing defect. The leading vote pointed out the absence of procedures such as rotation, alignment, and balancing, and did not rule out a possible defect in the suspension, characterizing a failure.
The decision classified the conduct under Article 14 of the Consumer Protection Code, recognizing objective responsibility for the inadequate provision of the inspection service, with direct impacts on the tires.
Material Compensation Established and Rejection of Moral Damages
As it was not possible to replace the four tires, compensation for material damages was established at the corresponding amount, based on a budget presented by the dealership itself. The adopted parameter reflected the necessary replacement.
The request for moral damages was rejected as it involved mere breach of contract, without significant violation of the personal sphere or deprivation of vehicle use. The decision was published with information from the press office of the TJ-DF, concluding the judgment.
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