|
Shopping centers that charge fees and do not deliver the promised infrastructure must return the amount paid by the merchant with monetary correction. The decision was made by judge Swarai Cervone de Oliveira, from the 36th Civil Court of São Paulo, when he ordered a shopping mall to return around R$86,000, monetarily adjusted, to a retailer.
According to the process, the storeowner signed a lease for a store in a development that would be a fabric shopping mall. In addition to the rent, the payment of R$ 86.2 thousand was adjusted for gloves, in this case titled "membership fee".
The charge for gloves is permitted by law and concerns all structures that the shopping center will have access to, such as facilities such as garages and food courts.
In this case, after four years B2B Lead of leasing, the storeowner returned the space to the landlord, without having received what was established in the contract. Therefore, he asked for the refund, with interest and correction, of the amount paid for gloves. The author was represented by lawyer Paula Farias , from Paula Farias Advocacia.
In the sentence, Cervone de Oliveira explained that, when a retailer sets up shop in a shopping mall or enterprise, he is not only looking for that space in the store, but also taking advantage of the environment as a whole to boost his own business.
And he noted that the mall's infrastructure directly influences the number of customers. "All tenants would benefit from the infrastructure set up and the costs must be shared: this is the reasoning that supports the collection of the promotion fund and the contracts called assignment of infrastructure rights."
However, in this case, the judge stated that the store owner made the payment believing that he would benefit from the entire structure that would be built, which did not happen. Therefore, he concluded that the amounts must be returned.
"As time passed, the project was not built. This fact is undisputed in the records. All charges relating to the rental of the property are due, after all, the store was used. But the amounts paid in return for the benefit of being part of a new project must be refunded", he stated, ordering the return of R$ 86.2 thousand, monetarily updated from the date of payment and with late payment interest.
|
|