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Civil Court Decision in Guará Recognized Failure in Service Provision, Determined Property Transfer, Settlement of Debts, and Compensation to the Consumer Affected by Fines and Credit Restrictions
The Civil Court in Guará sentenced a vehicle dealership and other defendants to compensate a consumer for damages caused by the lack of property transfer of a car purchased in January 2020, a decision that is still subject to appeal and determined financial compensations and obligations for regularization.
Vehicle Purchase and Unfulfilled Transfer Promise
In January 2020, the consumer purchased a vehicle from the defendant dealership and delivered another vehicle of his own as part of the payment, granting power of attorney to facilitate the transfer at the traffic agency.
Despite the assurance given at the time of negotiation, the vehicle delivered by the plaintiff remained without property transfer until the beginning of the legal process, keeping the consumer formally responsible for the asset, even without possession or control over its circulation.
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Fines, Debts, and Financial Impacts on the Consumer
The plaintiff reported that the vehicle started to circulate irregularly, resulting in the receipt of numerous fines in his name, including an infraction provided for in Article 165-A of the Brazilian Traffic Code, related to refusal of a breathalyzer test.
In addition to the traffic penalties, the consumer stated that his name was negatively scored at the Department of Finance of the Federal District, a situation that caused a reduction in his credit score and amplified the financial effects of the problem.
Judgment Recognizes Failure in Service Provision
Upon reviewing the case, the Civil Court highlighted that, although there was a confirmed assumption of obligation and prior possession, the property transfer was not carried out, resulting in losses totaling R$ 4,847.76 in fines and various debts.
According to the judge, the conduct of the defendants constituted a breach of contract and failure in the provision of services, as it was expected that the regularization of ownership would be provided as promised at the time of purchase.
Compensation for Moral Damage and Imposed Obligations
In the decision, the judge noted that receiving fines for infractions not committed, having a negatively scored name, and an affected credit score exceed mere inconvenience and characterize compensable moral damage, as outlined in the records.
The defendants were jointly sentenced to effect the property transfer, regularize all existing debts, and pay R$ 6,000 for moral damages, concluding the case with reparatory measures and accessory determinations.
With information from tjdft.
