Petition For Restitution
CONSUMER COURT
Plaintiff: Name and Surname
Address
Representative: Name and Surname
Address
Defendant: Name and Surname
Address
Subject: Refund of the amount paid due to defective goods
Explanations:
1. On …, our client purchased a … brand mobile phone from the defendant … for 1200 TL. Upon noticing that the phone kept turning off on its own, he contacted the defendant company on … to exercise his right to repair. However, since the mobile phone continued to exhibit the same defect after repair, our client contacted the company again on … and handed over the phone for repair.
2. Since the defective mobile phone was not repaired and delivered to our client within the legal time limit, our client applied to the Provincial Consumer Disputes Arbitration Committee on … to exercise their right to a refund and to withdraw from the contract. Following the investigation, the Provincial Consumer Disputes Arbitration Board, in its decision numbered … and dated …, found our client’s claim to be valid and unanimously decided to refund the phone price of 1,200 TL to the plaintiff client. The decision was served to the defendant company, but the defendant company has not made any payment to the plaintiff client. For this reason, it has become necessary to file this lawsuit to recover the amount paid by the client.
Legal Evidence: … Consumer Issues Provincial Arbitration Committee Decision No. …/… dated …, Consumer File, witnesses, and all other legal evidence
Legal Grounds: Law No. 4077, Articles 4 and 13, and related legislation
Conclusion and Request: For the reasons explained above, we respectfully request that the lawsuit be accepted and that the 1,200 TL paid by our client due to the defective goods be collected, together with the legal interest accruing from the date the contract was concluded, and that the litigation costs and attorney’s fees be imposed on the defendants…/../ ….
Plaintiff
Counsel