App driver paid R$ 45 thousand down payment and was left without the car to work; car was delivered after four months, by court order
The Court of Mato Grosso determined that BYD and the Saga Exclusive dealership deliver a BYD Song Pro to a driver with a disability (PwD) who had been waiting for the vehicle for more than four months. The decision, handed down by Judge Luis Otávio Pereira Marques, of the 6th Civil Court of Cuiabá, responds to a request for urgent relief after the consumer reported financial losses and the impossibility of exercising her professional activity.
The customer purchased the model on October 14, 2025 for the amount of R$ 147,983.21. At the time of purchase, a payment of R$ 45 thousand was made via Pix, with the remaining balance financed in 60 installments of R$ 2,884.40. An app driver on the Uber platform, the plaintiff stated that the car is essential for her livelihood and that, trusting the dealership’s delivery time, she sold her previous vehicle to cover the costs of the new business.
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In his analysis, the magistrate highlighted that the consumer strictly complied with its contractual obligations, while the companies remained in default. The judge pointed out the risk of irreparable damage, since the driver continued to pay the monthly financing fees without being able to enjoy the asset to generate income. “The screenshots of the WhatsApp messages demonstrate the various charges made by the plaintiff,” Marques noted in the ruling.
Although he ordered immediate delivery, the judge denied the request to suspend the installments, arguing that the banking institution is not part of the process. The issue of an insurance allegedly contracted without authorization – a practice known as “tie-in sale” – will still be evaluated in the production of evidence. The vehicle was finally delivered on February 25, 2026, and a conciliation hearing between the parties is scheduled for June 11.
