The judicial power confirmed an economic sanction of S/594,000 (120 UIT) against the Claro company for responding to users “we are going to transfer it to the corresponding area” or for cutting calls on hold instead of registering their claimsa practice that violates article 136 of the General Regulation of the Telecommunications Law. File 743-2016 was analyzed by the Third Chamber Specialized in Administrative Litigation of the PJ, whose verdict is read in the resolution of June 23 of this year.
According to the document, the affected users reported the facts to Osiptel, an organization that agreed with them. That is how they fined Clear in first and second administrative instance. In light of this, the company decided to file a claim with the Power of attorney.
In response, the judges had to evaluate each of the arguments and the claims of Claro’s lawsuit that sought to annul the resolution that fined them for having violated the principle of criminality, guilt and due process.
Claro held its workers accountable
According to the legal analysis of the website La Ley, It is striking that Claro has sought to attribute responsibility to its own workers for answering “we are going to transfer it to the corresponding area” and not registering their claims.
“Although this position has been developed on a single basis of the sentence and not in the initial sections, it was evidenced that the Claro company attributed the responsibility to its workers due to contractual obligations that they assumed as a company,” they point out.
File 743 – 2016. Photo: capture/PJ
On this point, they maintain that the second instance judges were emphatic in indicating that it is impossible to exempt Claro from responsibility under the argument that its workers were responsible, since compliance with the obligations was assumed by the legal person before the State, that is to say: the Claro company, which should have acted diligently in preparing internal procedures.
On the other hand, the judges ruled that despite the fact that the 17 complaints presented by users — “a quantity that does not even represent 1% of the universe of complaints received by their call center“, according to Claro —, the time and money that those affected allocated so that their rights are respected when filing their complaint with Osiptel was considered.
Having carried out this analysis, the Specialized Chamber of the Judiciary declared the company’s claim unfounded in all its aspects; so the effects of this resolution confirmed the fine of more than half a million soles.
Source: Larepublica
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