Petition for Refund and Unjust Enrichment Due to Wrongful Collection

TO THE DUTY PRIMARY CIVIL COURT
OF ANKARA

PLAINTIFF:
[Company Full Name]
Address: …

ATTORNEY:
Attorney [Name and Surname]
Address: …

DEFENDANT:
[Account Holder or Company]
Address: …

SUBJECT OF THE LAWSUIT: The lawsuit
seeks the return of the overpayment made to the defendant due to an incorrect shipment and a request for an interim injunction.

EXPLANATIONS:

1. Incorrect Shipment and Overpayment Situation:
   Our client company purchased … units of products from the defendant company on … date, pursuant to a commercial contract. However, despite delivering fewer products than ordered, the defendant company collected a total of … TL from our client company. This is documented in the shipment records and invoice documents.
2. Discovery of Payment Error and Refund Request:
   My client noticed that some items were missing during the settlement process and that the defendant had overcharged … TL. Following this, the defendant was contacted and a request was made to either complete the missing items or refund the overcharged amount. However, the defendant rejected our requests and has not issued any refund.
3. Existence of Unjust Enrichment:
   The defendant has caused damage to the client company by collecting payment for undelivered goods without any legal basis. According to Articles 77 and subsequent articles of the Turkish Code of Obligations, profits obtained without justifiable cause must be returned. The defendant is failing to fulfill this obligation and is causing harm to the client company.
4. Necessity for Provisional Measures:
   This excess collection, which is under the defendant's control, negatively impacts the client company's economic activities. Therefore, it is necessary to place a provisional injunction on the defendant's accounts and protect the amount to be refunded during the litigation process.
5. Precedent Supreme Court Decision:
   In its decision numbered 2019/2457 E. and 2020/5684 K., the 13th Civil Chamber of the Supreme Court clearly stated that the price of goods delivered incompletely must be refunded and that the unfair collection that harmed the buyer must be rectified. The client's request is consistent with this precedent.

EVIDENCE:

• Shipping records and delivery notes,
• Invoice and payment documents,
• The commercial contract between the parties,
• Bank records,
• Relevant Supreme Court precedents and other legal evidence.

LEGAL GROUNDS:
Provisions of the Turkish Code of Obligations, the Code of Civil Procedure, and other relevant legislation.

CONCLUSION AND REQUEST:
For the reasons stated above:

1. The defendant shall be ordered to pay the excess amount of … TL, together with legal interest accruing from the date of payment
2. A precautionary measure order is issued for the account under the defendant's control
3. On behalf of our client, we respectfully request and demand that the court order the defendant to pay court costs and attorney fees.

Date: …/…/…
Plaintiff's Attorney
: [Name and Surname]
Signature