22 Jan If The Vehicle Sold Without Damage Is Found To Be Damaged, What Are The Consumer Rights Here?
In most of the second-hand vehicles purchased by consumers as unspecified, error-free, accident-free and unpainted in daily life, unforeseen deficiencies during the sale appear later.
In the event that the product purchased under the Law No. 6502 on Consumer Protection is defective or if its deficits appear later, it is fixed by the law that the consumer has an electoral right against the defective property and can use one of the consumer’s exclusive rights.
Article 11 of the Law No. 6502 on Consumer Protection;
Durumunda (1) In case the goods are found to be defective;
a) Returning from the contract by declaring that it is ready to give back the sale,
b) Ask for a discount on the sales price,
c) Ask for free repair of the merchant at all costs to the seller, unless overly costly,
d) If there is a possibility, ask the seller to be replaced with a non-defective number,
use one of the electoral rights. The seller is obliged to fulfill this demand of the consumer.,
In the event of a defective arrangement, the buyer / consumer has the right to ask for a discount from the sales price of the contract, return from the contract, ask for the free repair of the seller and ask for the replacement of the sales with a non-defective number if possible.
Although the consumer has these four electoral rights by law, the General Assembly of the Supreme Court of Law does not allow the consumer to use these four optional rights as he wishes, if it is understood later that the second-hand vehicle purchased as a disobedient has been painted. In accordance with the decision of the Supreme Court of Appeals General Assembly, which is detailed below, it is accepted that the buyer may only request the seller for the depreciation of the vehicle’s paint due to the fact that the second-hand vehicle purchased as a disobedient has been painted.
GENERAL ASSEMBLY. 2015 / 13-2692 and K. 2015/2487 dated 6.11.2015;
Ina ına In this case, the consumer shall have the right to return from the contract, to revise the service or to discount the rate of shame. If the consumer’s termination of the contract is not justified as a requirement of the situation, a discount from the price shall be satisfied. The consumer may also seek compensation in accordance with the provisions of Article 4 together with one of these electoral rights. The supplier is obliged to fulfill this demand of the consumer.
When the concrete event is evaluated in the light of these principles and concepts: The subject of the vehicle purchased by the plaintiff was delivered to the plaintiff on 18.06.2005, and the technical controls carried out on the vehicle on the date of 02.04.2010 due to the request of the plaintiff to be sold by the plaintiff, as explained in the expert report. it was found that the thickness of the vehicle’s bonnet, right front fender and left middle door paints were painted with a thickness above the paint standard. Although the vehicle subject to the case is defective, the fact that the claimant has continued to be used for a period of five years from the date of purchase to the date of the case, even though this technical examination has been finalized by the plaintiff is not only a matter of effecting the use of the vehicle. It is understood that it is a matter that affects the value of the vehicle, that the termination of the contract will have serious consequences for the defendants, and that the value of the vehicle and the depreciation of the vehicle’s paint will be in accordance with the deduction of the price instead of the refund of the vehicle price.
The decision given by the General Assembly of the Supreme Court in the second hand vehicle purchased only in the face of the existing shame on the use of the vehicle does not directly affect the value of the vehicle, and because of the effect of this allowance, the buyer, but can be requested to discount the amount of shame. The Court of Cassation found that the buyer / consumer had exercised his right to return from the contract and demand the return of the price contrary to the principle of fairness. In the case of second hand automobiles purchased as a non-defective vehicle, then the buyer / consumer may only claim from the seller the depreciation in the vehicle’s paint.
No Comments