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Consumer with Solar Energy System Wins in Court After Unexplained Bill Increases. Judge Orders Energisa to Refund Amounts in Double and Pay Compensation for Moral Damages.
The use of solar energy has been growing across the country, but cases of irregular charges still worry users of photovoltaic microgeneration. In Mato Grosso, a recent court decision attracted attention by determining that Energisa Mato Grosso refund improperly charged amounts — and in double — after a sudden increase in a consumer’s bill. Additionally, the company was ordered to pay R$ 5,000 for moral damages.
Increase Without Justification Raises Alarm and Takes Case to Court
The problem began in 2023, when the consumer noticed that the bills showed sudden increases, despite no changes in consumption patterns or the solar energy injected into the grid. Faced with increasingly high charges without any technical explanation, she sought the judiciary’s help.
The analysis was conducted by the 11th Civil Court of Cuiabá, which recognized a failure in the provision of services. The decision pointed out that the utility failed to prove the regular operation of the metering system or justify the spike in billing. Although the company had access to technical data, it only presented generic arguments about the legality of the charges.
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Reversal of the Burden of Proof and Recognition of Poor Service Provision
During the proceedings, the judge applied the reversal of the burden of proof, reinforcing the consumer’s vulnerability. In the text of the ruling, it was recorded: “The defendant, even faced with the burden of proving the regularity of the charges, did not succeed in demonstrating the perfect functioning of the metering system or that the increase was due to facts attributable to the consumer, limiting itself to generic claims of legality.”
As a result, the court concluded that the utility’s conduct could not be treated as justifiable error. The fact that the company maintained excessive charges even after the legal proceedings reinforced the interpretation that there was bad faith, allowing for the double refund determined by the Consumer Defense Code.
Moral Damages Are Recognized, and Urgent Protection Is Confirmed
In addition to financial losses, the judge emphasized that the situation went beyond “mere inconveniences,” considering the essential nature of electric service and the prolonged period of uncertainty experienced by the consumer. According to the ruling, “the defendant’s conduct generated more than just inconvenience, violating the tranquility and dignity of the consumer, characterizing the duty to compensate.”
Therefore, compensation of R$ 5,000 was established, with monetary correction and interest in accordance with legal parameters. The urgent protection, which had prevented the suspension of energy supply during the process, was confirmed in a definitive manner. The exact amount of the refund will be determined in the liquidation phase of the ruling.
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