… TO THE JUDGE OF THE CONSUMER COURT
PLAINTIFF : TC No:
address :
attorney :
address :
DEFENDANT :
address :
SUBJECT : It includes our request for the refund of the unjustly and unlawfully taken prices under the name of the lost bootleg fee and consists of the submission of our petition.
OUR EXPLANATIONS
1-Our client is billed by the defendant company every month according to the amount of electricity consumption he uses at the address where his residence is located. Our client has determined that the lost and illegal cost has been received under the name of “K/K cost”, which is not the service fee in the invoices that he regularly pays every month.
2-this bill in return for a service fee, obviously, malicious, illegal use of other users with gross negligence of the defendant company and supplier electricity distribution infrastructure and flaws caused by the lack of a price in exchange for the cost of missing and runaway consumption has been reflected in our client. Moreover, the loss and Decease rates also differ proportionally between regions. For this reason, a discrepancy can be seen even in the rates reflected on electricity bills, and the crime committed by someone else is reflected on the honest consumer on the other hand, and a defect is imposed on the person of our client for this reason. The defendant company, which is the electricity supplier, stated that this price was reflected in the invoices with the decision of the “EMRA”. We are also talking about this issue on our side ….. Also to the Arbitral Tribunal ….the application has been applied with the application number and has been accepted by the arbitral tribunal ….a decision has been made to refund this price.
3-In fact, 4 of the Law No. 4628. And 11. 10 of the Electricity Market Tariffs Regulation, by Article.in accordance with the relevant legal provisions, the decision taken by the EMRA regarding the reflection of loss / leakage costs on subscriber invoices constitutes a violation of the existing legal provisions. Moreover, the decision taken cannot be implemented in any way by going in front of the regulations and laws in force. In this context, the Law on Consumer Protection is a special law and precedes it in its current general provisions.
5-In accordance with the current legal provisions; According to the Law on Consumer Protection, it is necessary to take the necessary measures in the form that the consumer should be protected by recognizing that he is the weak party.
6-Within the framework of the issues explained above, the sum of the unjustly and unlawfully received prices …… .-The obligation to apply to your court for the return of TL has arisen.
LEGAL REASONS : 6502 P. K. m. 73, 4628 Pp. K. m. 4, 11 , Electricity Market Tariffs Regulation m. 10
LEGAL EVIDENCE :
1-) Invoices
2-) The extradition decision given as a result of the application to the arbitral tribunal
3-) Expert Examination
CONCLUSION AND CLAIM: The sum of the unjustly and unlawfully received prices for the reasons we have explained above, which is ………………… .- We respectfully request on behalf of our client to decide on the return of TL and to transfer the trial expenses and the power of attorney fee to the other party. …/…/…
ADDITIONAL :
1-)
Plaintiff Attorney
Lawyer.
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