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Petition for Refund Due to Defective Goods

TO THE CONSUMER ARBITRATION BOARD
, ANKARA

APPLICANT: Name and Surname – (Turkish Republic Identity Number: …) – Address

ATTORNEY: Lawyer's Name and Surname – Address

COMPLAINED AGAINST: …. Electronic Commerce Inc.
(… Tax Office – Tax Number: …) – Address

SUBJECT: We request the return of the television, purchased with order number … and invoice number …, due to its defect, and the refund of the purchase price to our client, reserving our rights to further claims.


EXPLANATIONS

  1. My client placed an order for a television with order number … from the online store of … Elektronik A.Ş. on …/…/…. The product was delivered with invoice number … dated …/…/… and delivered to my client's address via cargo on …/…/…. Upon receipt of the product, it was noticed that there was a crack in the lower right corner of the screen and that the image quality was poor. This situation was recorded in the delivery receipt of the cargo company and reported to the delivery person.
  2. During use, it was observed that light was leaking from the cracked part of the screen and the television was not functioning properly. My client contacted customer service by phone to report the defects and was told to send the product for repair. However, when the television was returned after repair, the same defects persisted, and the crack in the lower right corner of the screen remained the same.
  3. My client returned the television and requested a refund, citing that it did not provide the expected quality, that the same problems persisted, and that previous repairs were unsuccessful. However, …. Elektronik A.Ş. did not comply with this request and suggested sending the product for repair again. My client, believing that the problems with the product cannot be resolved and that the repair process has been fruitless, requests the return of the television and a refund of the purchase price due to the inability to obtain the expected benefit from the product.
  4. The product sold is clearly defective, and according to Articles 8 and 11 of Law No. 6502 on Consumer Protection, the consumer has the right to demand a refund due to the defective product. Despite my client's best-faith attempts, the seller failed to remedy the defects and caused my client's harm.

EVIDENCE:

  1. Order and invoice documents,
  2. Delivery receipt,
  3. Product repair documents,
  4. Product review report,
  5. Witness statements,
  6. Investigation and expert examination.

LEGAL GROUNDS:
Law No. 6502 on Consumer Protection and other relevant legislation.


CONCLUSION AND REQUEST:
For the reasons explained above;

  1. It has been determined that the television ordered with order form number … dated … and invoice number … dated …/…/… is defective
  2. The television in question shall be returned to the seller
  3. The amount paid by the client for the television shall be returned to the client, together with interest to be calculated from the date of return
  4. We respectfully request and demand, on behalf of our client, that the court order the seller company to pay the court costs and attorney's fees

…/…/…
Plaintiff's Attorney
Name and Surname
Signature

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