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The Paraíba Court of Justice (TJ-PB) ordered the concessionaire Energisa to compensate a consumer for moral damages as a result of the interruption in the electricity supply on Christmas Eve.
freepik
For TJ, the lack of electricity on Christmas Eve caused "real misfortune" for the
freepik customer
According to the process, originating from the Boqueirão Single Court, the client claimed that the lack of electricity lasted for 30 hours — an excessively long time, according to the plaintiff.
The concessionaire said that the interruptions Portugal Mobile Number List in energy supply are due to an unscheduled situation, and it is therefore not possible to inform each consumer of the problem in advance.
He also argued that the failure that began on December 24, 2015 was resolved within the deadline set out in article 140, § 3, I, of Normative Resolution No. 414 of the National Electric Energy Agency (Aneel). Therefore, it could not have caused moral damage to be repaired.
When analyzing the case, however, the rapporteur of the case in the 2nd Specialized Civil Chamber of the TJ-PB, judge José Aurélio da Cruz, agreed with the consumer.
"In the case under analysis, there is no scenario of mere annoyance, but rather true misfortune causing moral damage, and the subjective element should not be investigated, as the responsibility of the public service concessionaire is objective", stated the rapporteur of the case , which set the compensation amount at R$2,000. With information from the TJ-PB press office.
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