In the City of Buenos Airesthe National Chamber of Commercial Appeals confirmed a ruling that orders a company dedicated to the manufacture and placement of openings to repair defects in a window installed in a home and to pay compensation for moral damage and punitive damage to the affected owners. The decision dismissed the appeal presented by the defendant and ratified the first instance ruling, which had partially given rise to the claim for breach of contract.
The case originated when two individuals, residents of an apartment in the Belgrano neighborhood, hired the company to replace the windows of their property. The estimate, dated November 2020, detailed the manufacturing and installation of a three-pane PVC sliding door and a two-pane window, with installation service included. The total price of the work was $3,365.95a sum that the plaintiffs paid in full.
The installation was carried out in two stages. The two-pane window was installed without problems, but the three-pane presented a measurement error that prevented its correct fit with the framewhich created a series of problems for the owners. Given the situation, the clients allowed the company to finish the work under the promise that the defect would be corrected in the following days, a promise that was not kept.
The complaining party then began a series of efforts, both by telephone and email, to obtain a solution. Given the lack of an effective response, they resorted to judicial channels after attempting pre-judicial mediations, to which the company did not appear. In his claim, They claimed the correct manufacture and placement of the window and requested compensation for moral damage, psychological damage, punitive damage and consequential damage.adding a significant compensation claim.
In the first instance, the magistrate in charge considered the contractual relationship and full payment for the service to be proven. It considered the consumer protection rules applicable, given the nature of the link, and assessed the technical expert evidence incorporated into the file, which confirmed that the product delivered did not fully comply with the agreed specifications. Although the frame, material and glass coincided with what was contracted, the moving leaves of the window had differences in their measurements.
The first instance ruling condemned the company to replace and correctly place the mobile sashes of the window, also ordering the payment of 250,000 pesos in moral damages and 300,000 pesos in punitive damages. The ruling rejected the items of consequential damage and psychological damage requested by the plaintiffs.
The defendant company appealed the decision and mainly questioned the recognition of non-material damage, the origin of punitive damage and the imposition of the costs of the process. Chamber C of the Commercial Chamber, when analyzing the appeal, observed that the appeal did not include specific criticisms regarding the accreditation of non-compliance, The sentence to replace the window and the rejection of the other compensation items remain firm..
Regarding the moral damage, the chambermaids explained that the damage arose both from the frustration of the plaintiffs at not having the quality product contracted and from the uncertainty inherent in the judicial process, aggravated by the reticent attitude of the company. The court considered proven the suffering derived from the deterioration of the property, the lack of airtightness and the decrease in thermal and acoustic insulation values, a situation that lasted for several years.
The amount of compensation for moral damage, set by the first instance judge, was considered adequate by the Chamber, which recalled that the determination of this amount is at the discretion of the court and that the seriousness of the claim and the background of the case justified its recognition.
Regarding punitive damages, the Chamber reviewed the current regulations and applicable doctrine. He pointed out that this type of sanction has a sanctioning and dissuasive function against serious conduct by suppliers that disregard the rights of consumers. In this case, The judges highlighted the unscrupulous attitude of the company, which did not offer any solution despite repeated requests from customers and the ease with which the problem could have been resolved.
The court found that the defendant’s conduct constituted a serious violation of the duty of decent treatment provided for in the Consumer Protection Law and that the fine imposed is justified both by non-compliance with the contract and by the absence of an adequate response. It was stressed that the financial sanction is intended to prevent suppliers from using abusive or dilatory practices towards their clients.
The Chamber also ruled on the imposition of costs, confirming that the company had to assume the costs of the process as it was considered the losing party. The ruling explained that this rule seeks to compensate the winner for the reasonable and fair expenses generated during the litigation.
The ruling highlights that the company’s conduct not only implied a defective service, but also placed consumers in a situation of constant complaints without being offered an effective solution. The court interpreted that this attitude evidenced a disregard for the rights of users, which warranted the imposition of the civil fine.
In accordance with the reasons set forth in the ruling, the Chamber considered that The lack of response from the company extended the damage and aggravated the suffering of the claimantswho had to live with the inconveniences in their home for an extended period.
As part of the process, the Chamber held a conciliatory hearing, which did not come to a successful conclusion, so the file was placed in a state to issue a ruling. The intervention of the Public Prosecutor’s Office also supported the confirmation of the conviction for moral damage and punitive damage.
The case highlights the importance of the correct provision of services and the responsibility of suppliers towards consumers, especially when it comes to goods essential for daily life such as the openings of a home.
