Man Buys Phone Without Charger, Sues for Moral Damages and Refund, and Judge Rejects All Claims in Ruling That Dismisses Tied Sales

Written by Fabio Lucas Carvalho

Published on 12/12/2025 at 20:11

Updated on 12/12/2025 at 20:12

Justiça rejeita ação de consumidor que comprou celular sem carregador, afasta venda casada e nega indenização por dano moral

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Second Special Court Decision of São Luís Removed Tied Selling, Denied Moral Damages and Refund, and Highlighted that the Consumer Was Aware that the Device Would Be Sold Only with a Cable, Without External Charger

Judge Alessandro Bandeira, from the 2nd Special Civil Court and Consumer Relations of São Luís, rejected a consumer indemnification action who purchased a cell phone without a charger, removed tied selling, and denied moral damages and refund, considering that there was no illegal imposition.

The magistrate analyzed the indemnification request presented by a consumer who acquired a cell phone without a charger included and, after the purchase, filed a lawsuit alleging tied selling practice and impossibility of using the device.

According to the records, the plaintiff stated that the cell phone became unsuitable for use as it did not have a compatible adapter with the device’s input, which would have compromised the functionality of the purchased product.

ARTICLE CONTINUES BELOW

Manufacturer and E-commerce Defense

In response, the manufacturer argued that there was no tied selling, as the information regarding the accessories that accompany the device was clearly described at the moment of purchase made by the consumer.

The e-commerce, in turn, claimed passive illegitimacy, asserting that it acted only as an intermediary in the negotiation, without direct responsibility for the composition of the items provided with the product.

Understanding of the Court

In judging the case, Judge Alessandro Bandeira rejected all requests made by the plaintiff, concluding that there was no coercion or imposition by the supplier in acquiring the adapter.

For the magistrate, charging the cell phone could be done without the need for a specific adapter, allowing the consumer to choose between products from different manufacturers available in the market.

In the decision, the judge highlighted that the device could operate normally without additional purchase and that the consumer maintained freedom of choice, ruling out the characterization of tied selling, according to the Court’s understanding.

“The consumer knew what he was buying,” stated the magistrate, noting that the purchase execution demonstrated awareness that the cell phone would not come with an external charger, but only with the cable.

The decision was issued in case no. 0802842-69.2025.8.10.0007 and released with information from the press office of TJ-MA, which confirmed the complete denial of the requests made by the consumer.

6 Comments

most recent

older Most voted

Fabio

#209215

15/12/2025 08:20

Certíssimo o juiz

Respond

Samir

#209214

15/12/2025 08:18

Que entendimento de ****! Daqui a pouco vão vender bicicleta sem os pedais… Carros sem bateria,moto sem guidão etc… Com certeza essa decisão foi comprada.

Respond

Sinval Lopes

#209005

14/12/2025 19:53

A porr@ da justiça do Brasil sempre em favor dos ricos. Pois se o cara comprar um carregador paralelo e danificar o aparelho o fabricante vai alegar mau uso. 👎

Respond

Man Buys Phone Without Charger, Sues for Moral Damages and Refund, and Judge Rejects All Claims in Ruling That Dismisses Tied Sales

Second Special Court Decision of São Luís Removed Tied Selling, Denied Moral Damages and Refund, and Highlighted that the Consumer Was Aware that the Device Would Be Sold Only with a Cable, Without External Charger

Manufacturer and E-commerce Defense

Understanding of the Court

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Man Buys Phone Without Charger, Sues for Moral Damages and Refund, and Judge Rejects All Claims in Ruling That Dismisses Tied Sales

Second Special Court Decision of São Luís Removed Tied Selling, Denied Moral Damages and Refund, and Highlighted that the Consumer Was Aware that the Device Would Be Sold Only with a Cable, Without External Charger

Manufacturer and E-commerce Defense

Understanding of the Court

Libya built over 4,000 kilometers of underground pipelines to bring water from the Sahara to coastal cities in a project that the government itself called the Eighth Wonder of the World.

Desert sand, previously discarded for being too smooth for concrete, becomes an ecological brick in the United Arab Emirates, dispensing with Portland cement, curing at room temperature, and attempting to transform dunes useless for construction into raw material for a new arid engineering.

Chinese woman planted trees for decades while sand buried part of her house, received $5,000 from an American in 1999, and helped transform the desert into a forest of 8 million trees in China.

Almost 6,000 residents live concentrated along a single street nearly 9 km long in the interior of Poland. Houses form a continuous row, and behind them, narrow agricultural strips emerge, creating one of the most unusual rural patterns in Europe.

In the cold desert of Ladakh, where it hardly rains, engineer Sonam Wangchuk created the ice stupa, a tower that freezes winter water and stores it for irrigating crops in the spring, a simple engineering feat that mimics nature.

Described by astronauts as one of the most unlikely natural phenomena on Earth, the Okavango Delta spreads over up to 15,000 square kilometers in the middle of the desert and transforms Botswana into a living labyrinth of channels, islands, and flooded areas.

Two helicopters, 41 people, and over 38 tons of bait were mobilized on a remote Pacific atoll to eliminate rats; five years later, native trees grew by 5,000%, seabirds gained habitat, and the rainforest began to regenerate.

Brazilian family creates machine that transforms seawater into fresh water, produces up to 130 liters per hour, facilitates routine on vessels, and boosts family business along the country’s coast.

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