Under the decision of Judge Clarissa Oliveira Mascarenas, of the Second Arabiraca Court, Health Plan Unimed Maceió must pay R$2,000 in compensation for moral damages and R$415.80 for material damages to a woman who had values deducted incorrectly from your bank account.
The woman counts in the case records (0701106-13.2021.8.02.0058) for a company health plan, as monthly fees are deducted from payroll, but now is inappropriately charged by an indefinite-term health plan that is not assigned. R$29.70 was deducted for seven months, bringing the total to R$207.90.
On contacting Unimed Maceió, the woman did not obtain an administrative solution, as she was informed that she could only cancel the other plan until the second month of collection and that she would not be reimbursed for the improperly deducted amounts.
The company claimed that the contractual relationship was with Unimed Metropolitana do Agreste, not Unimed Maceió, and that both had different CNPJs. The judge noted that Unimed is a single conglomerate entity, divided administratively into several territorial units.
According to the judge, after analyzing the case (0701106-13.2021.8.02.0058), from an official legal point of view, Unimed operates “throughout the national territory by dividing operations among its cooperatives. […] The judge said that the Unimed system is jointly responsible for providing the services provided.
Judge Clarissa Oliveira also highlighted that the woman demonstrated, through bank statements, the automatic debit. On the other hand, the company did not provide sufficient documents to prove the contracting of the service.
With information from the Court of Justice of the State of Alagoas.
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