T.C. SUPREME
- Law Department Article No:2012/21184
Decision No:2012/20509
Date of Decision: 28.09.2012
CASE OF CANCELLATION OF THE APPEAL – WHEN THE CONCRETE CASE IS CONSIDERED
DECONTAMINATION AND TREATMENT OF DISPUTES BETWEEN THE PARTIES
- DEFINED IN THE LAW
IN THE FIGURE, IT IS UNDERSTOOD THAT THE CONSUMER AND THE DEFENDANT ARE THE SELLER - DUE TO VIOLATION OF THE PROVISION
ABSTRACT: The purpose of the law is to recognize that a legal transaction remains within the scope of law No. 4077
the existence of a legal transaction related to the sale of goods and services between the parties deciphered in it
need to. the relevant article of the law No. 4077 deals with all kinds of disputes related to the implementation of this law
he foresaw that he would be tried in his courts. When a concrete event is evaluated, the relationship between the parties dec
the dispute arises from the diagnostic and treatment service, the plaintiffs of which are defined in the law
in the figure, it is understood that the consumer (the recipient of the treatment fee) and the defendant are the seller (the service provider). Becoming
as such, the Consumer Court, not the General court, is in charge of handling the case. Related to the task
the regulations are related to public order and are at all stages of the proceedings, even if the parties do not put forward
it is officially observed. There is no earned right in matters related to the task. Then the court will
a decision on dismissal must be made.
(4077 P. K. m. 1, 2, 3, 23) (818 P. K. m. 41, 47)
Case: The final judgment of the case on the cancellation of the appeal between the parties is finally written in the dec
the duration of the provision for partial acceptance or rejection of the case for reasons
in it, upon appeal by the parties’ lawyers, the file was examined, discussed and considered as necessary:
Decision: Deputy plaintiffs, plaintiff K.I.the other defendant is in the hospital belonging to the defendant company because of the low back pain of
that he was examined by a doctor and started his treatment, but the correct diagnosis was made in a timely manner
stem cell therapy in another hospital due to non-diagnosis and incorrect treatment, and
claiming that he had undergone chemotherapy, that they had suffered material and moral damage.
they have requested the collection of 1000 TL financial and 300.000 TL moral compensation to remain hidden, reclamation petition
they also increased their claims to 400.000 TL financial compensation.
The defendants have argued the dismissal of the case.
By the court, plaintiff K.I. for 34,586,84 TL of material, 75,000 TL of non-pecuniary compensation, m.I. for 25.000
TL it has been decided to collect non-pecuniary damages from the defendants at the rate of their defects; the provision has been determined by the parties
it has been appealed.
1- the Purpose of the Law No. 4077 on Consumer Protection amended by law No. 4822 is titled 1.
after the purpose of the law is explained in article 2 entitled scope. the provision in the article includes
has been given. 3 Of the Act. in the article, the goods; movable property that is the subject of shopping, residential and holiday purposes
software, audio, video and the like prepared for use in real estate and electronic media
intangible goods, services; everything except the provision of goods made for a fee or benefit
refers to all kinds of activities. Seller; offering goods to the consumer within the scope of his commercial or professional activities, including public legal entities
it covers natural or legal persons. A consumer is a good or service that is commercial or non-professional
it is defined as a natural or legal person who uses or uses the acquirer for the purposes.
Again, in Article 3 / d of the aforementioned law, it is defined as.
The purpose of the law to recognize that a legal act remains within the scope of law No. 4077
a legal transaction related to the sale of goods and services between the parties, in which the definitions given above are given dec
you must have. 23 of the law No. 4077. article 2 any dispute relating to the application of this law shall be settled by
he foresaw that they would be looked at in the consumer courts.
When a concrete event is evaluated, the dispute between the parties is diagnosed and treated decisively.
it arises from the fact that the plaintiffs, as defined in the law, are consumers (recipients of treatment fees) and
it is understood that the defendant is the seller (service provider). As it happens, it’s time to look at the case
the Consumer Court, not the court, is in charge. The regulations related to the duty are related to public order and
it is officially observed at every stage of the trial, even if the parties do not put it forward. In matters related to the task
earned rights are out of the question. Then, while the court should issue a decision on non-duty,
the establishment of a provision by entering into the merits of the case is contrary to the procedure and law and is the reason for the violation.
2- According to the reason for the violation, it has not been deemed necessary to examine other appeals of the parties for the time being.
Conclusion: For the reasons described in the first paragraph, the appealed decision may be OVERTURNED, in the second paragraph
for the reasons described, there is no place for consideration of other appeals of the parties, which are received in advance
$1.99,00 each. appeal for the return of the appeal fee to the defendants on request, received in advance for 21.15 TL
the refund of the fee to the plaintiffs upon request was decided unanimously on 28.09.2012.
