Bank is ordered to indemnify resident of Codajás after collection of insurance not contracted

Justice

Codajaense hired a financing service, but was not informed of an insurance charge

Codajás (AM) – Bradesco Vida e Previdência will have to pay compensation to a consumer in Codajás (240 kilometers from Manaus), due to non-pecuniary damages, due to the collection of non-contracted insurance. The sentence was handed down by the judge of the District of Codajás, Geildson de Souza Lima.

The codajaense reported that he hired a financing service. At the time of the negotiation, at no time was the financial institution informed about the inclusion of the “credit life insurance” charge in the amount of R$1,957.53.

As stated by the judge, credit life insurance is a type of insurance for people whose objective is to amortize or pay, in whole or in part, an obligation assumed by the debtor, in the event of a covered claim.

“This is a common form of insurance in long-term financing contracts. However, some financial institutions use this type of insurance in an abusive way, embedding them in products or services, in the form of a condition or accessory contract, without there being a natural relationship of pertinence between the two”,

pointed out the judge in the process.

For the magistrate, under these conditions, what was, in principle, optional, becomes, due to the circumstances of the contract, an imposing encumbrance, either because the consumer was not duly informed of the optionality of assuming this expense; either because he felt embarrassed by the bank employee’s speech (zealous about meeting goals) that this would improve his relationship with the bank, submitting the customer to a tie-in sale.

For these reasons, the judge condemned the banking institution to pay R$ 2,500 in moral damages to the resident of Codajás, in addition to condemning the defendant to pay the overpayment again, refund the deducted amount and cancel the insurance contracted under penalty of traffic ticket.

“In the present case, the harmful effects of the conduct imputed to the promoted party transcend the mere annoyance inherent in mass consumer relations, possessing the ability to cause significant moral offense by imposing on the consumer in search of financial assistance a burden with which, naturally, I would not agree if I were negotiating on equal terms, restricting the consumer’s freedom to freely direct their equity resources towards the desired purpose”,

highlighted the judge.

Leadership

Bradesco bank leads the number of lawsuits at the Amazonas Court of Justice (TJAM), which corresponds to an increase of 47% in 2022, compared to the previous year. From January to December 2022, 55.8 thousand processes were registered, while in the same period of 2021, 37.8 thousand were registered.

Data are from the TJAM Statistics Nucleus. In a press release, the bank responded that “one of its main values ​​is the quality of service to its customers”. Is that “works to serve all its audiences and promotes the constant improvement of its services and products, always having as a principle the adoption of the best practices and procedures. ”

*With advisory information

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