Application for Replacement of Defective Goods with Non-Defective Goods

TO THE ISTANBUL DUTY CONSUMER COURT

PLAINTIFF: Name and Surname-(Turkish Republic Identity Number: …)-Address

ATTORNEY: Lawyer's Name, Surname, and Address

DEFENDANT: … Seller Agent - Address

… Inc. - Address

SUBJECT: Defective goods

VALUE OF THE CLAIM: (…) Turkish Lira.

EXPLANATIONS:

1- My client purchased a (…) brand, (…) model phone from the seller on …/…/… date. Upon arriving home, he noticed that the phone was shutting down even though it was charged, so he took it to the authorized representative. Although he was informed that the phone would be replaced with a new one, when he took the phone home, it shut down again on its own. There is a hidden defect here. The buyer could not have seen this defect when purchasing the phone, but it is a fault that could have been noticed through use.

2- The defect stated in the service report has not been corrected, and a replacement has not been offered. We sent a notice from the Istanbul Notary Public dated …/…/… with registration number … requesting a replacement for a phone with a manufacturing defect, but we received no positive response. Therefore, we were forced to file this lawsuit.

EVIDENCE: 1- Sales contract, 2- Service records, 3- Witness testimonies, 4- Expert examination, 5- Notice from Istanbul (…) Notary Public dated …/…/… and numbered … and any other evidence.

WITNESSES:

1- Name and Surname (Turkish Republic Identity Number: …)- Address, Telephone:

2- Name and Surname (Turkish Republic Identity Number: …) - Address, Telephone:

LEGAL GROUNDS: Relevant legislation.

CONCLUSION AND REQUEST: For the reasons briefly explained above, I, as the plaintiff's attorney, respectfully request and demand that the court order the replacement of my client's telephone, which has a hidden defect due to a manufacturing error, with a new one.

…/…/…

Plaintiff's
Attorney's Name and
Surname

(Prepared by: Student Intern Simay ŞİRİN)