Court condemns freight company for 100 days delay in moving from the Netherlands to Brazil

During this period, the customer demanded information about delivery and, according to the process, the company attributed the delay to a strike by the Federal Revenue Service, without presenting documents to prove this justification. In addition to the contract value, it was expected that the client would make an advance of R$6,800 as an estimate of port expenses. However, due to the delay, the cargo was considered abandoned by the Revenue, which increased the expense of the stay. The cargo was released on the 106th day after arrival at the port, which generated an extra charge of R$27,000 for release. In addition, the carrier also charged R$3,100 in sea freight adjustments after the shipment of the change. The customer also claimed that inspection fees were charged without proof and that his television arrived broken, even after purchasing a protective crate and international insurance. During a period of almost four months, the man and his wife lived in a “completely empty house, without furniture, without any structure, sleeping on mattresses on the floor”, highlighted the lawyers, who filed a lawsuit against the company. Compensation The company was approached by the courts, but did not present a defense even after being summoned. The judge considered her a default defendant [who fails to contest the allegations] and understood that the documents presented were sufficient to prove the facts. Magistrate Frederico Messias concluded that the company was responsible for the delay because it took around 88 days to begin customs clearance, generating extra expenses for the customer, which was considered a failure to provide the service. The judge also denied the company's justification that the IRS strike was the cause of the problem. According to him, stoppages and inspections are predictable risks for those involved in international transport and, therefore, do not eliminate responsibility. Furthermore, Messias understood that the storage and stay fees should be returned. The judge also ordered the refund of inspection fees, as the performance of the services was not proven. He also considered the additional charge for shipping to be illegal and ordered the payment of insurance compensation, in addition to the refund of the value of the crate, considering that the television was delivered damaged. Company that delayed moving from the Netherlands to Brazil by more than 100 days is ordered to compensate resident Reproduction Check the values: Refund of R$21,700 for storage and stay fees Refund of R$2,600 for inspection fees Reimbursement of R$3,100 charged as a shipping adjustment Reimbursement of US$600 for the damaged television, in addition to €200 for the unused crate Furthermore, Messias considered that the lack of information, the couple's need to live for months without their assets and the company's conduct constituted moral damage, setting the compensation at R$ 15 thousand. “Such a situation violates the housing dignity and the integrity of the consumer’s daily life, generating suffering, anguish and severe daily disruption,” said Messias. g1 requested a position from the company Move Mais, but received no response until the last update of the report. VIDEOS: g1 in 1 minute Santos