right to free choice and enrollment Safety
APPEAL: 7440/2003
Santiago, June 1, two thousand five.
A folio 85. 86 and 87: keep in mind. Views: sentence is reproduced raised, and deleted the sixth and seventh bases. And it is in place, and also this: First, that as it flows to the statement in the basics first four, the ruling on appeal, the matter of this process concerns the withdrawal of illegal charges that would have made the Company Almacenes Paris. Indeed Rafael Luis Egaña Road reported the September 4, two thousand two, which last Almacenes Paris society has figured a bill for unemployment insurance and a charge for disencumbrance insurance and other charges, that in no circumstances when the contracted services. Second, that article 3 letter a) and b) of the Act No. 19,496 expressly provides: a. - The free choice of good or service and point b. - The right to accurate and timely information on goods and services offered, price, contract conditions and other relevant characteristics thereof, and duty to consult them responsibly. While Article 12 of the same Act expressly provides: "Any supplier of goods or services shall be bound by the terms, conditions and procedures under which it has offered or agreed with the consumer supply of goods or the provision of service. Third: That as a result of the process flow grade claimed that the Company has infringed the rights of consumers planned in that article 3 a) and b), since in no case has been by the claimant an expression of intent or acceptance of insurance for which he is making the payment. For these reasons and down in Articles 3, 12, 23 and 24 of Law N º 19.496, revoking the original ruling of August 6, two thousand three, written from folio 59 to folio 60 and instead stated: convicting Almacenes Paris SA to pay a fine to a tax benefit of five units monthly tax, for breach of Article 3, letter a) and b) of Law No. 19,496, on the Protection of Consumer Rights, on the occasion of the allegation . Register and returns. No. 7440-2003 .- Delivered by the Eighth Chamber of the Court of Appeals, composed of the ministers Dona Sonia Araneda Briones, Patricio Villarroel Valdivia and the attorney member Don Angel Cruchaga Gandarillas.
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