Judge Marina Balester Mello de Godoy, from the 14th Civil Court of Santo Amaro/SP, ordered the recalculation of the installments on a personal loan agreement after identifying a discrepancy between the agreed-upon interest rate and the rate actually applied by the financial institution. Given the irregularity, the judge ordered the consumer to be reimbursed in double for the amounts overpaid.

According to the case records, the customer claimed to have taken out a loan at a monthly interest rate of 2.44%, but later discovered that the bank had applied a rate of 2.55% per month, which led to an undue increase in the installments. The discrepancy was confirmed during the judicial review of the contract.

The financial institution argued that the loan was taken out in the amount of R$ 2,118.98, claiming that all conditions had been previously disclosed and that the “Citizen’s Calculator” tool, used to demonstrate the discrepancy, was not suitable for validating the consumer’s calculations.

In her ruling, the judge found that the originally agreed interest rate had not been honored, recognizing that undue charges were made. Based on the Consumer Protection Code, she ordered the correction of the loan installments and the double reimbursement of the overpaid amounts.

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