The 2nd Appeal Panel of the Special Courts of the Federal District ordered Neoenergia Distribuição Brasília S/A to pay compensation to a customer for delays in reactivating the electricity supply. The decision set the amount of R$3,000 for moral damages. Within the scope of the Special Courts, the company had also already been ordered to pay R$ 380.00, as moral damages.
The author reports that, on April 18, 2022, he requested the defendant to change ownership of the electricity account. On April 22, 2022, the power supply was interrupted at the man’s residence who, on the same day, requested the service be urgently reconnected. Despite the request, it appears that the power supply was duly reestablished only after 72 hours.
The author claims that he has a wife and a child who, at the time of the events, was six months old. The defendant company, in turn, maintains that the termination occurred at the request of the contract account holder and requested that the appeal not be accepted.
In the decision, the panel refers to the legislation that defines the tolerable limit for the restoration of electricity supply which, in the case under analysis, would be up to 24 hours. It explains that the defendant was unable to prove that the reactivation occurred within the tolerable limit and, therefore, was unable to rule out the failure to provide service to the consumer.
Finally, the Appeal Panel clarifies that the inconvenience caused by the lack of energy in the property is notorious, as it is an essential service. Thus, “the delay in reconnecting the energy supply went beyond the limits of mere annoyances and unpleasantness, while taking care of a utility that is absolutely indispensable to modern life, and, of course, the resulting moral damages are presumed, especially considering that among the family members of the affected applicant/appellant had a child who was just six months old”, concluded the panel.
The post Man will be compensated for delay in restoring energy service appeared first in Jornal de Brasília.
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