A creek is being the target of a lawsuit where the client alleges that there are no debts and wants the condition to be recognized. The repetition of overpayment is also mentioned, in addition to the request for compensation for moral damages. This lawsuit was filed against Lojas Riachuelo S/A and Midway S/A.
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After analyzing the case, judge Rosaldo Elias Pacagnan defined that the company is a legitimate party to be part of the process, taking into account the existence of consumption relation and also the presentation of the documents, where it is possible to prove that all this negotiation between the parts happened in a physical store of network.
Furthermore, if we apply art. 7 of the Consumer Defense Code (CDC), all those who participate in the production cycle and marketing can be questioned by consumers in cases where some type of damage. The judge received the request for annulment of the loan agreement and also the statement on the non-existence of debts, as well as the aforementioned repetition of overpayment. What happens is that the parties, Customer and Store, entered into a personal loan agreement in February of 2022, with the amount stipulated at R$ 7,187.45 and installments made in 15 installments, through the “Withdrawal Easy".
The customer said that the amount deducted from the card bill added up to all her credit card bills in advance, in addition to having received, in cash, a corresponding balance of more than BRL 2 thousand.
With the aim of defending itself, Riachuelo said that the aforementioned client had already carried out a similar loan in the year 2019, noting that she already had the knowledge of this form of contract.
The judge responsible for the case is also taking into account that Riachuelo did not act in a transparent with her, since the client is elderly and would not have gone to the store with the intention of hiring a a loan.
Due to everything that was presented in the case file, the judge gave his statement and annulled the contract loan, not to mention that it also condemned Riachuelo to return the amount of R$ 694.66 corrected and with fees. In addition, due to the contract being annulled, the amount deposited in the form of a guarantee by the customer in the amount of BRL 4,019.10 must be delivered by the retailer through a permit issue.
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