Woman's hands cell phone smartphone illustrative Christmas rn Rio Grande do Norte Freepik A telephone operator, whose name was not disclosed, was ordered to pay compensation of R$2,000 for moral damages to a consumer in Natal who received charges for a television service that he had not contracted for. The sentence was handed down by judge Sulamita Bezerra Pacheco, from the 12th Special Civil Court of the District of Natal. ? Click here to follow the g1 RN channel on WhatsApp According to the process, the consumer identified, when accessing the operator's application, three charges totaling R$ 1,087.43. The debts were linked to a service contracted in Salvador (BA), a city where he claimed to have never lived. The author claimed to have a permanent residence in Natal (RN), where he works as a state public servant, and maintained that he never requested to hire the service. Expert answers questions about undue telephone charges He reported that he made eight administrative attempts to resolve the problem, but all were unsuccessful. According to the judge, the company only presented an internal system record, which, according to the judge, “does not demonstrate the authenticity of the contracting, nor does it present data capable of proving that the contracting of the plan was, in fact, carried out by the plaintiff”. For the judge, there was fraud in contracting the telephone plan. “Associated with such circumstances, it is possible to assume that third parties have misused the personal data of the plaintiff to fraudulently contract the aforementioned telephone plan in the State of Bahia, a situation that highlights a failure in the provision of the service and the absence of effective mechanisms for verifying authenticity on the part of the defendant,” said the judge. In response, the company maintained the regularity of the hiring and stated that there was no failure in providing the service. He also claimed that any contracting carried out by third parties would eliminate his liability, in addition to arguing that there was no compensable moral damage nor inclusion of the consumer's name in defaulter records. Decision The judge analyzed the case from the perspective of the Consumer Protection Code. The judge recognized the client's financial inability to pay the costs of the case and transferred the responsibility for proof to the telephone company. Therefore, it was up to the operator to prove the regularity of the contract assigned to the consumer. According to the judge, the consumer presented elements that proved the version he presented, including invoices regularly issued by the operator itself, proof of the functional relationship and his fixed residence. Therefore, the judge declared the non-existence of the debts relating to the three invoices presented and recognized the occurrence of moral damages. According to the judge, the consumer “was surprised by repeated charges relating to a non-existent contract, in significant amounts, requiring successive administrative attempts to resolve it, in accordance with the aforementioned protocols and police report”. Most watched videos on g1 RN