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The Judgment of the 1st Mixed Court of Esperança Recognized Failure in Power Supply, Confirmed Causal Link, and Determined Payment for Refrigerator Repair and Moral Damages to the Consumer
Energisa Paraíba – Energy Distributor S/A was condemned by the 1st Mixed Court of the District of Esperança to pay R$ 5,590.00 after electrical fluctuations caused the burning of a residential refrigerator, affecting food and medications stored by the consumer.
The court decision acknowledged the responsibility of the utility for the material and moral damage suffered by the plaintiff, after analyzing the causal link between the failure in electricity supply and the damage recorded in the appliance used for essential preservation.
The consumer filed a lawsuit seeking reimbursement for material damages and compensation for moral damages, alleging losses due to the loss of food and medications stored in the burned refrigerator following fluctuations in the service.
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In its defense, Energisa argued that there was insufficient evidence of material and moral damages, contending that there was no direct proof that the defect in the appliance originated from the electricity service provision.
Legal Basis of the Judgment
In the judgment, Judge Paula Frassinetti Nóbrega applied Article 373 of the Civil Procedure Code, highlighting that it was the plaintiff’s duty to prove the constitutive facts of the claimed right, while it was the company’s duty to demonstrate preventive facts.
According to the magistrate, Energisa failed to prove that the incident did not result from poor service provision, thus making the link between the electrical fluctuation and the material damage suffered by the consumer undisputed.
The decision emphasized that the utility, in its capacity as a supplier, has a legal duty to ensure the quality of the service provided, and must answer for any damages caused when it fails in this duty.
Amounts Established for Material and Moral Damages
Regarding material damages, it was found that the refrigerator was repaired, underpinning the condemnation to pay R$ 590.00, the amount corresponding to the repair of the damaged equipment.
As for moral damages, the judge considered that the damage in re ipsa was configured, waiving direct proof, given the impact of the burning of an essential appliance for the preservation of essential foods and medications.
Thus, Energisa Paraíba was condemned to pay an additional R$ 5,000.00 as compensation for moral damages, concluding the process with the acknowledgment of the failure in the service provided and its legal consequences.
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