CPTM will compensate passengers with R$15,000 per overcrowde
Mar 13, 2024 3:54:42 GMT
Post by messi23 on Mar 13, 2024 3:54:42 GMT
Due to the lack of safety and courtesy in dealing with users, Companhia Paulista de Trens Metropolitanos (CPTM) must pay R$15,000 in compensation for moral damages to a passenger who rode in an overcrowded carriage. The unanimous decision was made by the 3rd Panel of the Superior Court of Justice. reproduction Even though the train was full, CPTM agents pushed more people into the carriage. reproduction The passenger stated in the compensation claim that he boarded a carriage that was already full and that, at the next station, CPTM employees pushed even more people into the train.
According to the author of the action, the Germany Phone Number situation, which was already bad, became unbearable, which made him disembark before his final destination. The first-degree judge denied the passenger's request, considering the situation described in the records to be an adversity typical of a large city like São Paulo. The judge regretted the discomfort experienced by the plaintiff and criticized the attitude of the company's employees, but concluded that no right had been violated that would justify CPTM's conviction. In the second instance, the São Paulo Court of Justice amended the sentence to grant compensation of R$15,000.
The TJ-SP understood that the photos attached to the process demonstrated the overcrowding of the subway and the degrading situation the passenger experienced. In an appeal to the STJ, CPTM claimed that the station's security guards did not push the users, they just tried to close the carriage doors so as not to delay the journey. The company also claimed that the author of the action was already in the carriage, which confirms that there was no physical contact between him and the company's agents. The appeal's rapporteur, minister Villas Bôas Cueva, recalled that consumer protection and transport systems regulation standards provide for the contractual responsibility of companies in the sector to promote the movement of users in a safe manner and within minimum standards of comfort.
According to the author of the action, the Germany Phone Number situation, which was already bad, became unbearable, which made him disembark before his final destination. The first-degree judge denied the passenger's request, considering the situation described in the records to be an adversity typical of a large city like São Paulo. The judge regretted the discomfort experienced by the plaintiff and criticized the attitude of the company's employees, but concluded that no right had been violated that would justify CPTM's conviction. In the second instance, the São Paulo Court of Justice amended the sentence to grant compensation of R$15,000.
The TJ-SP understood that the photos attached to the process demonstrated the overcrowding of the subway and the degrading situation the passenger experienced. In an appeal to the STJ, CPTM claimed that the station's security guards did not push the users, they just tried to close the carriage doors so as not to delay the journey. The company also claimed that the author of the action was already in the carriage, which confirms that there was no physical contact between him and the company's agents. The appeal's rapporteur, minister Villas Bôas Cueva, recalled that consumer protection and transport systems regulation standards provide for the contractual responsibility of companies in the sector to promote the movement of users in a safe manner and within minimum standards of comfort.