Lack of energy generates losses of R$ 126 million for São Paulo’s commerce

One of the estimate released by ACSP (São Paulo Commercial Association) points out that the commerce in the Metropolitan Region of São Paulo may have failed to raise up to R$126 million because lack of electricity which has been affecting the locality since last Friday (03), when a storm hit the territory of São Paulo. 

As of Tuesday morning (07), more than 200 properties were still without access to electricity. Since the start of the blackout, more than 2,1 M of consumer units affected by power outages, according to information from Enel.  

In the assessment of ACSP economist, Ulisses Ruiz de Gamboa, the injury if it happens, mainly due to reductions in immediate purchases and consumer push, a result of restrictions on the flow of customers.

According to abrasel (Association of Bars and Restaurants), until the end of this evening Monday (06), near 15% of establishments they were still without power in the capital of São Paulo. 

In 23,4% of the affected businesses, Enel took more than 24 hours to restore power, and 46,8% of those responsible claim that they suffered slight to moderate losses due to the lack of electricity.

Furthermore, almost half (49%) of the enterprises considered Enel's response to the restoration of energy in the state to be unsatisfactory.

Legal measures

According to lawyer assessment, in situations like this, all patients, and affected by the lack of electricity have the right to take action against the distributor.

“After four hours without electricity, the customer can ask for a discount on the bill. If someone loses some equipment due to a power outage, they must present a report requesting a refund or repair of the device”, explains Renata Abalém, a specialist in consumer law.

In the case of legal entities, the lawyer points out that There are three types of damages that can be claimed in court.

“For people with their own business, when we talk about lost stock, we can mention one material damage, because we had those products. We can also talk about estimated damage", she said. 

“In this case, I have to prove, by averaging, how much I could earn in that specific period (a Saturday, for example) if I had those products available. And, there is moral damage also, which is what I would do if I had invoiced that amount if everything was normal”, highlights the professional. 

For Stefano Ribeiro Ferri, who is also a specialist in consumer law, regardless of the intensity of the storm that hit São Paulo, Nothing justifies Enel's delay in restoring electricity in the affected regions. 

“Weather-related problems, such as storms, are perfectly predictable factors and, therefore, it is up to the concessionaire to maintain equipment and specialized personnel so that proper maintenance is carried out as a way of avoiding interruptions or mitigating the consequences, not allowing them to last for a long time. ”, says the lawyer.