Audiência Conciliação 6 – Proc. N. 0818969-27.2017.8.12.0001

Summary

In a conciliation session, a conciliator mediates a dispute between a customer, Luana, and the energy company, Energisa, over an inflated utility bill. The company claims the charges stem from a detected irregularity, while Luana argues the charges are based on inaccurate consumption estimates. Despite the company offering a payment plan, Luana rejects the proposal, citing financial constraints. The conciliator remains neutral, encouraging open communication and offering a follow-up session to further resolve the issue. No agreement is reached, but the session allows both parties to express their concerns.

Takeaways

• 😀 The conciliator, André, begins the session by introducing the process and explaining the roles of the participants.
• 😀 The conciliation session aims to facilitate communication between the parties to reach a mutually acceptable agreement.
• 😀 The conciliator emphasizes that the process is informal and not a platform for discussing the merits of the case or analyzing evidence.
• 😀 The conciliator's role is to be impartial, guiding the conversation without taking sides or making decisions about the case.
• 😀 The customer disputes a bill of R$507.91, claiming that the charges are based on incorrect assumptions about her consumption.
• 😀 The company (Energisa) proposes a payment plan to settle the disputed bill in 10 installments, without interest or additional charges.
• 😀 The customer refuses the proposal, citing financial constraints and the fact that her electricity consumption has decreased significantly.
• 😀 The conciliator explains that reaching an agreement is not mandatory, but if an agreement is reached, it will be binding and enforceable by law.
• 😀 The conciliator encourages the customer and company to communicate openly and suggests that they may try again in a second session if needed.
• 😀 Confidentiality is emphasized, with the conciliator noting that the session is being recorded for legal purposes, but normally, it would remain confidential.
• 😀 The conciliator offers the possibility of a follow-up session or legal proceedings if the parties are unable to reach an agreement during this session.

Q & A

What is the main goal of the conciliation session?

The main goal of the conciliation session is to facilitate communication between the parties, enabling them to reach an agreement on the issue at hand.

How does the conciliator position himself in the process?

The conciliator is a neutral facilitator, impartial in the process. He helps both parties communicate and negotiate but does not make any legal judgments.

What is emphasized regarding the informal nature of the conciliation procedure?

The conciliator emphasizes that the procedure is informal and not the right moment to discuss the merits of the case or analyze evidence. It's primarily for discussing proposals and reaching an agreement.

What did the consumer express about the electricity bill?

The consumer expressed concerns over a sudden increase in her electricity bill by R$500, which she claims is due to incorrect calculations related to 'phase deviation,' a concept she was unfamiliar with.

What was the company’s proposal to resolve the dispute over the bill?

The company, Energisa, proposed a payment plan for the disputed amount of R$507.91, to be paid in 10 installments of R$50.79, without interest or updates.

Why did the consumer reject the company’s proposal?

The consumer rejected the proposal because she found the amount too high and unaffordable, citing her low income as a factor. She also disagreed with the company's calculation method, which she felt did not reflect her actual usage.

How did the consumer describe her energy consumption over time?

The consumer explained that her energy consumption had decreased significantly as she now lives alone with her child, and she no longer uses many appliances like air conditioners. Her recent bills were much lower, around R$90 to R$100.

What alternative did the conciliator suggest to help resolve the issue?

The conciliator suggested that the consumer could make a counterproposal to the company or even arrange another session if necessary. He encouraged both parties to continue discussing the matter outside the courtroom.

What was the conciliator's stance on the possibility of future sessions?

The conciliator acknowledged that an agreement was not reached in this session but emphasized that the conciliation process is open to further negotiations and future sessions if both parties wish to try again.

What role did the conciliator emphasize about legal representatives in the session?

The conciliator highlighted that the participation of legal representatives (lawyers) is essential for resolving any legal doubts that may arise during the process. They can provide clarification and help in making informed decisions.