… TO THE JUDGE OF THE CONSUMER COURT
prosecutor :
TC IDENTIFICATION NUMBER :
address :
attorney :
(Legal representatives of the parties, if any)
address :
(Legal representatives of the parties, if any)
DEFENDANT :
address :
SUBJECT: We ask for the refund of unjustly and unlawfully received prices under the name of lost fugitive price.
INSTRUCTIONS :
1-An invoice is accrued by the defendant company according to the amount of electricity consumption used by our client at the address of his residence every month. Our client has determined that the lost and illegal fees are taken under the name of “K/K fee”, which is not equivalent to the service fee, in the invoices that he regularly pays every month. (APPENDIX – 1)
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 decommissioning rates also differ proportionally between the regions. For this reason, there may be a discrepancy even in the rates reflected in the electricity bills, as well as the crime committed by someone else is reflected in the honest consumer on the other hand, and the defect is explained to our client’s person for this reason. The defendant company, which is an electricity supplier, stated that this price was reflected in the bills by the decision of the “EMRA”. I’m betting that our side will also be involved in this matter ….. And the Arbitration Committee….the application was submitted with the application number and the arbitration committee ….a decision has been made to refund this price by decision No. (APPENDIX – 2)
3-In fact, 4 of Law No. 4628. And 11. Article 10 of the Electricity Market Tariffs Regulation.in accordance with the relevant legal provisions, the decision taken by the EMRA on the reflection of lost / illegal amounts on subscriber bills is contrary to the current legal provisions. However, the decision taken cannot be implemented in any way by going ahead of the regulations and laws in force. In this context, the Law on Consumer Protection is a special law and is preceded by 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 a weak party.
6-The sum of the prices received unfairly and unlawfully within the framework of the matters explained above, which is ………………… .-There has been an obligation to apply to your court for the refund of TL.
LEGAL REASONS : 6502 P. K. m. 73, 4628 Pp. K. m. 4, 11 , m of the Electricity Market Tariffs Regulation. 10
LEGAL EVIDENCE :
1-) Invoices
2-) The extradition decision issued as a result of the application to the arbitration committee
3-) Expert Review
CONCLUSION AND CLAIM: Which is the sum of the prices received unfairly and unlawfully for the reasons we have explained above ………………… .-We respectfully request on behalf of our client that the decision to return the TL be made, the trial costs and the attorney’s fee be charged to the opposite party. …/…/…
ECLAIR :
1-) Invoices
2-) The extradition decision issued as a result of the application to the arbitration committee
3-) An example of a certified power of attorney
Deputy Plaintiff
