Article 18 of the CDC (Consumer Defense Code) determines that, if the defect (defect) of a product is not remedied within 30 days, the consumer may request an immediate refund of the amount paid, monetarily updated, without prejudice to possible losses and damage. In cases that fit this article, companies reduced the amount due, alleging devaluation for use. Fortunately, the STJ (Superior Court of Justice) won the case to a consumer against an automaker, and created jurisprudence that should guide similar actions.
The aforementioned consumer acquired a brand new car in 2015, which underwent three returns to the automaker and seven revisions over two years, without the problems being resolved. It asked for a refund, but the automaker claimed that the full refund of the amount, after the time of use, would characterize the customer’s undue enrichment.
The minister reporting the case, Nancy Andrighi, understood that the reduction of the amount corresponding to the devaluation has no support in the CDC.
Anyone who pays almost R$ 100,000 for a brand new car expects that, at the very least, the vehicle has no defects. You have the right to receive what you bought, that is, a new car, in perfect working order. Otherwise, the repair is either done and successful within one month, or it must be refunded for the actual amount.
Those R$95,000 from 2015 would not buy a car of the same make and model today. Therefore, the value has to be updated. And this is not only valid for automobiles, but for all types of products and services with quality or quantity defects.
Another option for the consumer, in situations like this, is the proportional reduction of the price, if he chooses another more expensive product.
This litigation does not surprise me, because vehicle manufacturers do not usually facilitate this reimbursement provided for by law. It is common for the car to undergo numerous repairs, which harms those who made the purchase for immediate use.
Exchanging a defective new car is one of the most disrespected consumer rights. I hope that, from the decision of the STJ, this abuse will no longer occur. And may new disrespects be punished firmly. It is gratifying to see that the CDC continues to defend consumers, and that, even late, its enforcement ends up taking place.
Chad-98Weaver, a distinguished author at NewsBulletin247, excels in the craft of article writing. With a keen eye for detail and a penchant for storytelling, Chad delivers informative and engaging content that resonates with readers across various subjects. His contributions are a testament to his dedication and expertise in the field of journalism.
