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Client asks for more compensation and ends up with nothing in court

For the panel, compensation would be undue because the client's name was not negatively affected nor was his livelihood harmed.

From the Editors

 

Thursday, February 20, 2025

 

Updated at 13:58

 

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A client who had a loan agreement with a bank declared null and void in the first instance appealed to increase the compensation for moral damages, which was set at R$2,000. However, the Justice Center 4.0 of the TJ/SP reformed the sentence on this point, dismissing the award for moral damages, even though the financial institution had not appealed.  

Customers who had their card limit reduced without notice will be compensated

 

The client noticed undue discounts on the social security benefit, resulting from a loan secured in the form of an RCC credit card, which had been taken out without authorization.  

 

In view of this, he filed a declaratory action of contractual nullity, claiming the unenforceability of the debt and compensation for moral and material damages.  

 

In the first instance, the judgment acknowledged the failure to provide the service and declared the contract null and void, ordering the return of the discounted amounts. In addition, it set compensation for moral damages at R$2,000.  

 

Unsatisfied, the author appealed to increase the amount of compensation and change the initial term of default interest.  

 

TJ/SP denied moral damages to a client who requested an increase in compensation owed by the bank. 

When analyzing the appeal, the rapporteur, judge Marcos de Lima Porta, maintained the nullity of the contract and the restitution of the amounts, but dismissed the conviction for moral damages.  

 

For the judge, there was no evidence of damage to the consumer's honor or image. The rapporteur cited precedents from the STJ that establish that the configuration of moral damage requires " proof that the conduct went beyond mere annoyance, significantly affecting some right of the consumer's personality .

 

In this case, the court considered that the client's name was not registered in defaulters' registers nor was his livelihood compromised.  

 

Therefore, the panel dismissed the appeal, amending the sentence only to exclude the award of moral damages.

 

Case : 1014946-62.2023.8.26.0451

 

 link: https://www.migalhas.com.br/quentes/425032/cliente-pede-mais-indenizacao-e-acaba-sem-nada-no-tribunal