Sample Compensation Lawsuit Petition
… CONSUMER COURT JUDGE;
THE PLAINTIFF :
TC IDENTITY NUMBER :
ADDRESS :
LEGAL REPRESENTATIVES :
(legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANT :
ADDRESS :
SUBJECT : It consists of our request for compensation for the damage suffered.
CLAIM VALUE :
(in cases related to property rights)
EXPLANATIONS :
1-)On …/…/…/… date, our client delivered the …… antique carpet of …… size …… Manufacture …. model …. to the defendant company for washing, and due to this event, he paid a total of ….. TL service fee, but instead of a service fee invoice, he was given a cash register receipt for the sale of cleaning products. (Annex – 1)
2-)The carpet subject to the lawsuit was delivered to our client on …/…/… …. weeks after it was delivered to the defendant company. (ANNEX – 2) However, our client has determined that the color of the carpet subject to the lawsuit has faded after cleaning and has lost its original state on the date of delivery to the defendant, and has applied to the relevant company for the elimination of this damage.
3-) Although the defendant company carried out repeated operations on the carpet in order to eliminate the damage, the defendant company, which was not successful, left the carpet in front of the door on …/…/…/… date, although our client did not accept it, and our client and his wife prepared two minutes due to the incident, which the company employees refused to sign. (Annex – 3)
4-) Regarding the above-mentioned issue, we ……. District Governorate Consumer Problems Arbitration Committee, and with the decision of the Consumer Problems Arbitration Committee dated …/…/…/… and numbered ….., it was decided to pay the defendant company the money over the market value of the carpet in accordance with the law numbered 6502. (ANNEX -4)
5-) This decision of the arbitral tribunal was notified to the defendant company by us on …/…/…/… date and the market value of the carpet, which is …… TL per m2, ……. TL, which is the market value of the carpet with a m2 of ….. TL, was requested to be paid within ….. days, but within the allotted time, the defendant company did not respond to the notices and did not make any payment. (ANNEX – 5)
5-) It has become necessary to file this lawsuit in order to compensate the material and moral damage suffered by our client to some extent.
LEGAL GROUNDS : 6502 S. K. art. 13, 14, 15, 16
LEGAL EVIDENCE :
1- Cash register receipt given by the defendant company
2- Delivery report
3- Minutes dated …/…/…/… organized by our clients
4- ……. District Governorship Consumer Problems Arbitration Committee decision
5- Notice sent to the defendant company
6- Expert examination
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully request on behalf of our client that the …. TL pecuniary compensation and … TL non-pecuniary compensation be taken from the defendant and given to the plaintiff, and that the trial expenses and attorney’s fee be charged to the other party. …/ …/ …
ANNEXES
1- Cash register receipt given by the defendant company
2- Delivery report
3- Minutes dated …/…/…/… organized by our clients
4- ……. District Governorship Consumer Problems Arbitration Committee decision
5- Notice sent to the defendant company
6- One approved power of attorney sample
Counsel for the Plaintiff