Lost orders can cause material and moral damages

Consumer had his orders lost by an air transport company and will be compensated for material and moral damages. According to reports, the loss is a consequence of failure to provide services, subject to compensation by those who carry out profitable activities in the consumer market. Find out more.

The 2nd Special Civil Court of the District of Rio Branco determined that the author of Case No. 0604433-85.2017.8.01.0070 receives R$2,199.00, as material damages, for having his orders lost. Furthermore, the company that carried out the air transport was ordered to pay R$4,000 in moral damages.

In the sentence, published in issue nº 6,163 of the Diário da Justiça Eletrônico, judge Marcos Thadeu, head of the judicial unit, acknowledged that there was a failure in the provision of services, therefore, he partially judged the request.


To judge the case in question, the Consumer Protection Code (CDC) was applied and also the Enterprise Risk Theory, which, as the judge explained, “provides that anyone who carries out profitable activity in the consumer market has the duty to respond for defects in products or services provided, regardless of fault.”

Regarding the value of compensation for moral damages, the judge informed that “in cases like the present, there is currently no longer any consideration of the need to prove the damage to characterize the moral damage, all that is needed is the awareness that a certain procedure offends the morality and psychic tranquility of the individual so that the damage remains configured”.

Source: TJ-AC


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