The 4th Civil Court of the District Federal and Territorial Court (TJDFT) upheld the condemnation of the concessionaire for breach of contract to sell an automobile intended for use by a person with Autism Spectrum Disorder (ASD). The collegiate court held that there was a contractual breach and failure to provide service. The case concerns a person with ASD, whose parents purchased the vehicle in their name to assist with their daily routine of therapies and school transportation. To acquire the vehicle, the author's parents made a down payment, under the promise that the vehicle would be delivered within 30 business days. The author claims that, subsequently, his parents were informed by the seller that there had been a problem with the manufacturer's system and that, therefore, they would no longer have information about the vehicle's invoicing. After more than 80 days, the vehicle had not even been invoiced, and even after the lawsuit was filed, the problem had not been resolved. The Civil Court of the Recanto das Emas condemned the establishment. The defense appealed, arguing that there was no failure to provide service, as it had tried to negotiate with the manufacturer for a vehicle identical to the one originally purchased, with the only difference being the white roof, but the author's parents refused. It argues that the fine should not be applied, as they returned the amount paid by the authors as a down payment and tried to find a solution to the problem in various ways. Finally, it claims that there is no moral damage to be compensated. In the judgment of the appeal, the Court explains that when the concessionaire does not deliver the vehicle within the agreed-upon period, it breaches its obligation. It adds that the assertion that it is not responsible for the delay in the manufacturing process, under the claim that this is exclusive to the manufacturer, is unacceptable, especially since there is a contractual provision that the invoicing would be carried out by the concessionaire. Moreover, the collegiate court notes that there was a failure to provide service, as the contract was not fulfilled, especially regarding the vehicle's color specified in the contract. It highlights that the contractual fine is also applicable. Finally, for the presiding judge, 'since the failure to provide service is characterized by the breach of contractual obligations, which ultimately led to the termination of the contract, it is legitimate to apply the stipulated fine.'
https://jornaldebrasilia.com.br/brasilia/tjdft-mantem-condenacao-por-descumprimento-contratual-em-venda-de-veiculo-destinado-a-autista/