Patrulha do Consumidor: Videogame com defeito provoca confusão na Santa Ifigênia

CidadeAlertaRecord

1 Sept 202319:40

Summary

TLDRIn São Paulo, a woman named Érica faces a frustrating situation after purchasing a Playstation from a kiosk in Santa Efigênia. Despite multiple attempts to resolve issues with the console, the seller fails to provide proper service within the 30-day legal limit. With the help of a consumer protection patrol, Érica finally receives a refund, highlighting the importance of consumer rights.

Takeaways

😀 A consumer dispute occurred in São Paulo involving a woman who purchased a PlayStation from a kiosk in Rua Santa Efigênia, a well-known commercial area.
🚔 The situation escalated to the point where the police had to be involved due to the severity of the conflict.
💰 The PlayStation cost 3800, and the total transaction including the controller was 4200, but the consumer faced issues with the product right after purchase.
📅 The consumer returned the PlayStation for maintenance on the next day, expecting a 12-day repair period, but the problem was not resolved within the given time.
📝 The consumer was not provided with a proper invoice (nota fiscal), which is a legal requirement and a potential crime against tax order.
🔄 The seller claimed to have sent the PlayStation for repair but it was found out that the console was not sent and games were being downloaded during the supposed repair period.
⏰ Over 58 days passed with the PlayStation in the seller's possession, far exceeding the 30-day resolution period as per consumer protection laws.
📚 The consumer was advised of her rights under Article 18 of the Consumer Defense Code, which allows for a refund or product replacement if the issue is not resolved within 30 days.
🤝 After negotiations and involvement of the Consumer Watchdog, the seller eventually agreed to refund the consumer's money.
📲 The consumer received an email with a proof of payment and evidence of games being downloaded on the PlayStation while it was supposed to be under repair.
🛑 The seller initially did not want to provide a refund but after pressure and the threat of legal action, they agreed to return the money.

Q & A

What is the main issue discussed in the video script?
-The main issue is a consumer complaint about a faulty PlayStation purchased from a kiosk in Santa Efigênia, São Paulo, which the seller failed to repair within the stipulated time frame.
Who is the consumer involved in the dispute?
-The consumer involved is Érica, who bought the PlayStation as a gift for her fiancé.
What was the total cost of the PlayStation and its accessories mentioned in the script?
-The total cost was 4,200, which included the PlayStation, a controller, and other unspecified accessories.
What was the initial response from the seller when Érica returned the PlayStation for repair?
-The seller provided a receipt and promised a 12-day repair period but did not issue a service order.
How did the seller attempt to justify the delay in repairing the PlayStation?
-The seller claimed that the delay was due to issues with Sony and that they were taking care of the situation, despite not providing a tracking code for the mail.
What evidence did Érica provide to show that the PlayStation was being used during the repair period?
-Érica provided screenshots showing that games were downloaded and played on the PlayStation during the supposed repair period.
What legal article did Érica invoke to demand a resolution within 30 days?
-Érica invoked Article 18 of the Consumer Defense Code, which stipulates a 30-day resolution period for consumer issues.
What was the final outcome of the dispute after the intervention of the Consumer Patrol?
-The seller eventually agreed to refund Érica's money, and she received a payment of 3,520, with the seller promising to refund the remaining amount related to a game voucher.
What was the seller's initial offer to resolve the issue after the Consumer Patrol's intervention?
-The seller initially offered a new PlayStation in its original packaging, unopened, with a proper invoice, but Érica declined, preferring a refund.
What additional issues were raised regarding the seller's practices?
-Additional issues raised included the seller's failure to provide a proper invoice (nota fiscal) at the time of sale, which is a tax law violation.
What was the reaction of the seller when threatened with police involvement?
-The seller became defensive and argumentative, but eventually agreed to resolve the issue without police intervention.

Outlines

00:00

😡 Consumer Dispute Over Defective PlayStation

A consumer in São Paulo's commercial district, Santa Efigênia, purchased a PlayStation from a kiosk that soon began to malfunction. The buyer, Erica, sought help from the Consumer Patrol after the seller failed to provide a service order and repair the console within the promised 12 days. The seller claimed it was a Sony issue and provided no tracking code for the repair, leading to 58 days of the console being in their possession without resolution. The seller also downloaded games onto the console during this time, which further complicated the situation.

05:01

📚 Legal Action for Unresolved Consumer Complaint

The video script describes a situation where Erica, after being unable to resolve the PlayStation issue within the 30-day period as stipulated by the Consumer Defense Code, demanded a refund. The seller ignored her requests, leading to a confrontation where the consumer's rights under Article 18 were cited. The seller was accused of false advertising and failure to issue a tax invoice, which is a crime against tax regulations. The situation escalated to the point where police intervention was suggested.

10:03

👮‍♂️ Police Involvement and Resolution Attempts

The narrative continues with the involvement of the police and a discussion about the seller's obligations under the Consumer Defense Code. Erica's cousin, a police officer, arrives at the scene, but the seller remains uncooperative. The seller is reminded of the legal consequences of not providing a tax invoice and the 30-day resolution period. The seller eventually agrees to refund the money, but only after further discussions and the threat of legal action.

15:08

🎉 Successful Resolution and Consumer Rights Advocacy

The dispute is resolved when the seller agrees to refund the full amount paid by Erica, minus the value of a game voucher that was supposed to come with the PlayStation. Erica insists on receiving her money back as a matter of right, not favor, and thanks the Consumer Patrol team for their support. The video script ends with a message about the importance of upholding consumer rights and the need for consumers to be vigilant in protecting their interests.

Mindmap

Keywords

💡Consumer Dispute

A consumer dispute refers to a conflict between a buyer and a seller, often due to issues with a product or service. In the video's context, the dispute arises from a faulty PlayStation purchased by Érica, which was not resolved within the expected timeframe, leading to a significant conflict that involved the police.

💡PlayStation

PlayStation is a brand of video game consoles created by Sony Interactive Entertainment. In this video, it is the central product that causes the consumer dispute because it malfunctions shortly after purchase, and the seller fails to repair or replace it within the stipulated time.

💡Santa Efigênia

Santa Efigênia is a street in São Paulo, Brazil, known for its commerce, particularly in electronics and video games. The video's narrative takes place on this street, where the consumer dispute over the PlayStation occurs.

💡Guarantee Activation

Guarantee activation is the process of starting a warranty for a product, which usually involves registering the product with the manufacturer or seller. In the script, Érica attempts to activate the guarantee for her PlayStation, but the process is fraught with issues, including the lack of a proper receipt.

💡Consumer Rights

Consumer rights are legal protections for buyers to ensure fair treatment and satisfactory products or services. The video emphasizes the importance of consumer rights, as Érica seeks to enforce her rights under the Consumer Defense Code, particularly Article 18, which addresses the resolution of issues within a 30-day period.

💡Code of Consumer Defense

The Code of Consumer Defense is a set of regulations designed to protect consumers' rights in transactions. The video references Article 18 of this code, which states that if a product is not repaired within 30 days, the consumer has the right to demand a refund or replacement.

💡Receipt

A receipt is a document that proves a transaction has taken place and outlines the details of the purchase. In the video, the lack of a proper receipt for the PlayStation is a point of contention, as it is a legal requirement for warranty claims and tax compliance.

💡Police Intervention

Police intervention refers to the involvement of law enforcement in a situation to maintain order or resolve disputes. The video mentions the need for police intervention due to the severity of the consumer dispute and the potential for fraudulent activity.

💡Tax Evasion

Tax evasion is the illegal act of not paying taxes or underreporting income to avoid tax liability. The video script implies that the seller may be guilty of tax evasion by not issuing a proper receipt for the PlayStation, which is a legal document for tax purposes.

💡Refund

A refund is the return of money paid for a product or service that is unsatisfactory or not as described. The video's main theme revolves around Érica's pursuit of a refund for her faulty PlayStation, which was not resolved within the legal timeframe.

💡Consumer Advocacy

Consumer advocacy involves promoting and protecting the rights and interests of consumers. The video features a consumer advocate who assists Érica in her dispute, demonstrating the role of advocacy in resolving consumer issues and upholding legal rights.

Highlights

A woman bought a PlayStation from a kiosk in Santa Efigênia, São Paulo, which started having problems immediately.

The dispute escalated, requiring police intervention.

The Consumer Patrol team visited Santa Efigênia to investigate the issue with the PlayStation.

The PlayStation was purchased for 4,200 reais, including the controller.

The woman returned the PlayStation for repair on May 30, 2023, and was given a 12-day repair estimate.

The repair shop failed to provide a service order and kept the PlayStation for 58 days without fixing it.

The shop owner claimed the delay was due to Sony, but the woman asked for proof, which was not provided.

Games were downloaded on the PlayStation while it was supposed to be under repair.

The woman demanded a refund under Article 18 of the Consumer Defense Code, which was denied by the shop.

The Consumer Patrol team explained the woman's rights and the shop's obligations under consumer protection laws.

The shop owner initially refused to refund the money and tried to offer a new PlayStation instead.

The woman insisted on her right to a refund, citing the 30-day resolution period stipulated by law.

The shop owner eventually agreed to refund the money after the Consumer Patrol team intervened.

The refund amount was 3,520 reais, with the shop owner claiming the remaining amount would be covered by a voucher.

The woman expressed gratitude to the Consumer Patrol team for helping her get her money back.

The shop owner was warned about the legal consequences of not issuing a receipt and selling products without proper documentation.

The Consumer Patrol team emphasized the importance of consumer rights and the need to uphold the law in all transactions.