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The Fourth Civil Court of Santiago ordered the sanitation company Aguas Andinas to indemnify their clients due to the massive water cut registered in mid-April 2016 which left without service to 23 communes of the Metropolitan Region.
The court thus upheld a class action lawsuit filed by Sernac against the company.
The ruling establishes that the company must pay each user a compensatory indemnity of 9,360 pesos, equivalent to three days of drinking water cut, plus 0.15 UTM.
The ruling establishes that Aguas Andinas must pay each user a compensatory indemnity of $ 9,360, equivalent to three days of drinking water cut, plus 0.15 UTM @Cooperative
– Camila López (@g_pelusa) May 11, 2020
On April 16, 2016, a frontal system generated, according to the company, “extreme turbidity” in the Mapocho and Maipo rivers, for which reason it had to cut off the supply in some twenty communes, after shutting down the production of drinking water.
Just on Monday April 18 replenishment of supply started in the affected communes.
Aguas Andinas: The ruling seems disproportionate
In as much, the sanitary company referred to this situation in a public declaration in which it assured that it appealed to the opinion of the court to consider the disproportionate failure and that it does not consider important aspects of that emergency.
“The ruling does not consider a fundamental fact of the case as it is that the cut had its direct cause in a natural phenomenon, unpredictable and force majeure, derived from the consequences of climate change, “estimates the company.
Furthermore, the company stresses that “the ruling seems disproportionate, since it does not consider the cause of force majeure, substantially exceeding the number of people affected and condemning the company with concepts not contained in the lawsuit. “
In addition, he questioned that they be ordered to pay a claim cost for all clients since Sernac did not make that request, but only in favor of those who were affected at the time.
“Aguas Andinas fully trusts the work and rigor of the Courts of Justice and that, ultimately, their arguments will be accepted in the present case, “concludes the company.
Sernac appealed to include another six communes
In turn, Sernac also appealed the opinion since it did not include clients from the communes of Cerro Navia, Central Station, La Pintana, Renca, San Joaquín and San Ramón, since no neighbor of these presented any claim to the organism.
Although the ruling only included 23 communes, a total of 29 were affected by the power cut, so Sernac seeks to have the inhabitants of the communes mentioned in the deminations considered.
“None of these communes belongs to the richest communes in the country and, therefore, the need for drinking water as a basic subsistence resource is of paramount importance, we are not talking about consumers who can easily get some alternative supplies of the water resource, but rather the opposite “, noted the presentation of the Sernac.
The @SERNAC also appealed. The objective is to include 6 communes (Cerro Navia, Central Station, La Pintana, Renca, San Joaquín and San Ramon) that were not considered in the compensation. This xk no neighbor of those communes put any claim before the Sernac @Cooperative pic.twitter.com/RJVWjhJo9d
– Camila López (@g_pelusa) May 11, 2020
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