The Court of Justice of the Federal District and Territories (TJDFT) unanimously upheld the decision that condemned an app transportation company to compensate a user who forgot his cell phone inside the vehicle. The decision determined the return of the device and compensation of R$3,000 for moral damages.
According to the process, in February last year, the passenger requested a ride to Maceió International Airport and, upon arriving there, removed his luggage from the trunk and left the device in the car. When he returned to the back seat of the vehicle to get his cell phone, however, the driver started the car and drove away.
The man reports that he set off his cell phone’s audible alarm several times so that the driver would return with the device, but to no avail. He informs that he also contacted the app transport company to report the incident, but also did not receive a satisfactory response.
In the appeal, 99 Tecnologia argues that it is not responsible for the facts narrated and that the damages occurred due to the consumer’s carelessness, in conjunction with the driver’s actions. It maintains that the driver is a third party who has no connection with the company and that there is no need to talk about the occurrence of moral damage. Finally, she claims the impossibility of returning the device, since she does not have possession of the object.
In the decision, the panel explains that the allegation of exclusive fault of the author or the driver does not exclude the company’s responsibility, as the author left the cell phone in the car of a driver authorized for the application. He highlighted that the passenger tried to contact the driver using his cell phone and confirmed that he had contacted the company to resolve the problem, but was unsuccessful.
Finally, the Panel understood that there was a failure to provide the service, as the defendant “did not make any effort to have the plaintiff’s cell phone found and returned to him” and that the allegation that the device is not in his possession does not rule out its responsibility, as it “has a duty of care when choosing the drivers who register on its application”.
Thus, “it is certain that the failure to provide the service by the appellant causes insecurity in the consumer and generates a breach of trust placed by the user in the application, and the fact narrated in the records is capable of generating compensable moral damages (…)”, concluded the panel.
The post Transport company is ordered to compensate passengers who forgot their cell phones appeared first in Jornal de Brasília.
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