grato
Rivaldo Santos
Sindico do Parque das Águas
Segue em anexo o termo de reclamação da Audiência Franere/ Gafisa e Procon.
ESTADO DO MARANHÃO – SECRETARIA DE ESTADO DOS DIREITOS HUMANOS E CIDADANIA – SEDIHC
GERÊNCIA DE PROTEÇÃO E DEFESA DO CONSUMIDOR PROCON – MA
TERMO DE RECLAMAÇÃO
PROCESSO FA N.º 0111-005.594-3
>
DADOS DO CONSUMIDOR
Nome………: RIVALDO DE JESUS FERREIRA SANTOS CPF……….: 43166814353 RG………..: 1242028 Endereço…..: AV. JERONIMO DE ALBUQUERQUE,QD 02,BLOCO 09, nº AP 403 – Bairro…….: CONDOMINIO IPEM ANGELIM CEP……….: 65060641 Cidade…….: São Luís – MA UF………..: MA Fone………: 32456332/8803-6474
TIPO DE PRODUTO OU SERVICO DEMANDADO
Área………: Habitação Assunto……: Incorporação ( Construtoras e Incorporadoras ) Problema…..: Loteamento irregular
O PROCON ESTADUAL, no uso de suas atribuições legais, analisando preliminarmente a fundamentação dos fatos alegados e documentos apresentados, nos termos do inciso III do artigo 33 do Decreto Federal 2.181/97, neste ato instaura processo administrativo mediante a seguinte reclamação, apreentada pelo consumidor acima qualificado:
O Relatante recorre a este Orgão de Proteção e Defesa do Consumidor , e nos relata os seguintes fatos:
Com o advento das pendência documentais do imóvel como: Laudemio, não se pode gerar a DARF, que não permite a obtenção da CAT, e tão pouco finaciamento junto aos bancos responsáveis por tal ação. Esse processo assim, está gerando atrasos na entrega dos imóveis de 400 (quatrocentos) condominos, provocando uma correção do saldo devedor que resulta na inviabilidade do pagamento do saldo, inclusive com acréscimos de multas.
Devido ao atraso das entregas que eram previstas para junho de 2010, e estas não ocorreram até a presente data , exceto para 30 (trinta condiminos que financiaram pela construtora e que nao tem nenhuma documentacao seno assim nao sao donos do imovel), e conforme as pendências documentas supracitadas, os condominos não conseguem receber suas propriedades, e com isso o condomínio não consegue se formar fisicamente, contudo, o condomínio já possui custos ordinários, que estavam até junho de 2011 sendo arcados pela contrutora Franere/ Gafisa , e que resolveram não mais se responsabilizar por estes custos, que poderá gerar a falência do condomínio por não haver recursos financeiros oriundos dos condominos, os quais também não estão aptos a pagar um condomínio que não receberam.
Deste modo, o cosumidor como síndico e em nome dos demais moradores/proprietários dos imóveis tem como objetivo:
A entrega imediata das chaves aos condominos que quitaram suas obrigações contratuais junto a Franere ( incluíndo o pagamento das chaves), ficando a parte de financiamento a ser executada após a resolução das pendências documentais.
O congelamento do saldo devedor dos condominos a partir de junho de 2010, data na qual foram efetuados os pagamentos das chaves, visto que os condominos não tem responsabilidade legal por estes atrasos.
Continuação do pagamento dos custos ordinários de condomínio pela construtora até que se obtenha 80 % (oitenta por cento), totalizando 320 (trezentos e vinte) imóveis entregues no condomínio.
2- Pretensão do Consumidor em face do Fornecedor: Pretende o consumidor que o fornecedor, além de prestar os devidos esclarecimentos sobre os fatos ocorrridos, solucione a questão da seguinte forma:
3- Dispositivos legais aplicáveis: Considerando os fatos tal como acima delineados, o não atendimento espontâneo da pretensão do consumidor corresponde à violação dos seguintes dispositivos da Lei 8078/90:
4- Documentos juntados para instruir a reclamação (ESPECIFICAR OS DOCUMENTOS, QUANDO HOUVER)
5- Outras informações relevantes
Nada mais havendo, vai, a presente, assinada pelo(a) consumidor(a) pelo(a) e pelo representante do PROCON.
Publicado em: Governo
hostiliocaio@hotmail.com
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