Arsam cancels fines imposed by the Environmental Manaus in water bills in ManausThe agency has identified several errors in the procedures preceding the collection of the fine.
Regulatory Agency Amazon Granted Public Services (Arsam) canceled fines imposed by the Environmental Manaus residents water bills neighborhoods Armando Mendes, União da Vitória and Petropolis, in eastern areas, Center-South and South for suspected violation of seals water meters.
The agency has identified several errors in the procedures preceding the collection of the fine for damage to meters and who do not follow the parameters laid down in the Banking Service Manual and Customer Service (MPSAC), the Concession Agreement of the Public Utilities Granted Water and Sewage Supply Health and Consumer Protection Code.
According to Arsam, January to June this year, 25 cases were found by the agency's Ombudsman, where irregularities were confirmed. However, other three thousand invoices are being analyzed and identified recoveries of irregular fines, They can also be canceled. Initially, at least 50 houses were inspected. The Arsam notified the Environmental Manaus to cancel the fines and the measure was accepted.
The irregularities in the implementation of the fines were identified after conducting a technical survey and several meetings with the residents of the neighborhoods Petropolis, in the south, where fines with invoices were found for breach of seals, without notice and without the consent of users.
In the neighborhoods Armando Mendes, Victory Union and Effort, but of 100 invoices were presented to engineers, the same problems, where residents claimed they received no notice with penalty notice.
The Arsam also found that other residents had replaced the meters without their knowledge and, automatically, They were also fined. It is estimated that the replacement of water meters happened in the last three months.
According to MPSAC, after installation, the meter is the user's responsibility and it may authorize any interference with this device, by science in document. If there is rape or theft, It must be registered a police report for presentation to the concessionaire, that should not be charged for the new installation, in those cases.
For the CEO of Arsam, Fabio Alho, there is negligence by the concessionaire. "Given the infringement, the user should be notified by notice, delivered with the monthly bill and you are entitled to resort to Arsam, within ten days, of receipt of notification. The regulator must be manifested on the appeal within five days ", he explained Garlic
Still according to him, the meter shall be gauged by the Office of Weights and Measures Amazon (Ipem) in the presence of the regulator. "None of this was done, in all cases we were found. We are not against the fight against fraud, we are against lack of criteria and against the breach of the rights of users ", said.
Dismissed consumption ratio
For the legal advisor to Arsam, Jobson Pereira, the Consumer Banking Service Manual has been neglected by the Environmental Manaus. Another important aspect is the fact that the legal relationship between the user and the dealer is placed in the context of consumerist relationship, that is, incidi basic consumer rights, safeguarded by the Consumer Protection Code. "The concessionaire, to do so, It seems not completely consumer vulnerable condition in the consumer market, what Arsam not admit ".
For him, one can not forget that, the light of modern constitutional law, the constitutional guarantee of due process, the contradictory and full defense, It is not related to the scope of the relationship between state and individual, Also reaching the locked relationship between individuals.