The Federal Civil, Commercial and Contentious Administrative Court of Posadas, Misiones, issued last week a precautionary measure that benefits users of self-saving plans in the province.
In the case titled “Pérez, Carmen Noemí v. General Motors de Argentina SRL and others without precautionary measure”, the court ordered the firms Chevrolet SA de Ahorro para Fines Determinados and General Motors de Argentina SRL to retroactive the value of the dues monthly of the adhesion contracts as of April 2018 and update them according to a new index.
This judicial decision comes after Carmen Noemí Pérez, acting on behalf of users and consumers in several locations in the province of Misiones, requested a precautionary measure due to the “disproportionate increases” in the dues of the savings plans since April 2018.
These increases, he argued, significantly exceeded the rates of salary variation and prices, as well as the value of the US dollar, “creating a situation of uncertainty and economic harm for subscribers.” In a context of high inflation This situation was very complex.
The scope of the precautionary
The resolution, signed by Judge José Luis Casals, last Friday, June 14, establishes a precautionary measure according to which the dues of the savings plans They must be backdated to the values of April 2018, and as of May 2018, and the increases must be adjusted according to the monthly variation of the salary index of the National Institute of Statistics and Censuses (INDEC).
This measure seeks to guarantee predictability for consumers and prevent them from continuing to suffer the effects of excessive increases, according to the missionary justice.
According to a report by www.misiononline.net The ruling forces the defendant firms not only to adjust the values of the duesbut also to adequately report and monitor any variation in prices. In addition, the General Inspection of Justice and the Secretariat of Industry and Commerce must increase the supervision of the operations of adhesion contracts to avoid harmful situations for consumers.
The beneficiaries
The resolution has expansive effects, benefiting all users and consumers who have signed adhesion contracts before April 2018 and who reside in the jurisdiction of the Federal Court of Eldorado, that is, in the departments of Monte Carlo, San Pedro, General Manuel Belgrano, Iguazú and Eldorado.
Those affected must be informed through publications in the Official Gazette of the Province of Misiones and in widely circulated newspapers. Consumers will have a period of ten days to exclude themselves from the measure, if they wish.
This judicial decision represents an important precedent in the protection of consumer rights in Argentina, underlining the need for effective control over the practices of consumer management companies. savings plans.
