Em sentença datada de 25 de abril do corrente ano, a 2º Vara do Juizado Especial Cível da Comarca de Campinas, puniu empresa de tv a cabo por não ter cumprido oferta.
Em meados de 2913, a ré ofereceu à autora redução de sua mensalidade pelo período de doze meses, sem redução do pacote e sem fidelidade, no valor de R$ 59,90. Ocorre que, ao receber a fatura de outubro, a autora notou que o referido desconto não foi aplicado. Entrando em contato com a ré, foi informada que houve um equívoco, e que o desconto não poderia ser aplicado. Inconformada, a autora tentou a rescisão contratual, o que demorou dois meses, além de horas de espera no telefone, tendo sido a requerente obrigada a pagar as faturas dos meses de outubro e novembro.
Assim, ingressou com ação visando a rescisão contratual e indenização por dano moral e material, e repetição em dobro do indébito. Ao decidir o feito, o nobre juiz, após ouvir a gravação de todas as conversas telefônicas entre as partes, decidiu pela parcial procedência da ação. Em sentença, o mesmo alegou que a ré mentiu ao afirmar que nunca havia sido feito a oferta, e que por isso caberia multa pela litigância de má fé em 20% sobre o valor atualizado da causa além de honorários advocatícios na mesma proporção. Também determinou a devolução em dobro dos valores pagos a mais, e indenização por dano moral no valor de R$ 5.000,00 (cinco mil reais) por entender que” A sequência de ligações, assim como o tempo de duração de cada uma delas, permitem concluir que a autora se submeteu a uma verdadeira “via crucis” para fazer valer o seu direito, acintosamente lesados pela ré. Com isso, o inadimplemento, somado ao comportamento desrespeitoso por parte da ré, que submeteu a autora a imensa perda de tempo e dissabores implicou sim ofensa a direito da personalidade, apta a causar dor e sofrimento. Logo, ocorreu dano moral. No que tange ao montante da indenização, tenho que deva ser fixada com rigor em atendimento à teoria do desestímulo. E para isso tenho que a quantia pleiteada na inicial (R$ 5.000,00) é mesmo suficiente e adequada para essa finalidade. (fonte TJSP processo nº 4028441-18.2013.8.26.0114)
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