14 Mar Petition For Termination Of The Contract
… CONSUMER COURT JUDGE
TALEPLI IS A PRECAUTIONARY MEASURE
PLAINTIFF :
TC IDENTIFICATION NUMBER :
ADDRESS :
Deputy :
(Legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANT :
ADDRESS :
Subject: with the termination of the contract … includes our request to decide on the collection of the Euro in Turkish lira according to the rayice on the actual payday and the cancellation of the bonds subject to the lawsuit.
INSTRUCTIONS :
1 -) Our client has signed the “ Holiday Village timeshare sale agreement” (Annex-1) dated with the defendant company. In accordance with this agreement, … he paid an amount in advance in the amount of euros, provided for the balance debt, …/…/…with a maturity date … with a Euro price and …/…/… with a maturity date … with a Euro price (Annex-2), and delivered it to the authorized employees of the defendant company. The receipt document, which includes the signature of the authorities on the delivery of the bonds, is presented in the appendix.
2 -) the contract was made by selling through the door. Despite this, in violation of the provisions of the law and regulations, our client was not issued a certificate of withdrawal due to this sales contract. In addition, contract 634 No. 57 of the condominium law. and 65. it is invalid because it does not comply with the form requirement stipulated in its articles.
3 -) The defendant company has not started the construction of the place subject to sale until now, but has become unable to fulfill its commitment by entering into the economic crisis. Therefore, our client has not been able to use the service promised to be provided to him by contract until now.
4 -) in addition, the defendant company gave the bonds issued to it by our client to the Bank. There is a danger that bonds will be protested at any moment and put in enforcement proceedings. For this reason, with the cancellation of the bonds, it is necessary to first issue an injunction on the non-protest and non-payment of the bills subject to the lawsuit.
5 -) due to the fact that our client’s attempts to return the price he paid in advance and the bonds he handed over to the defendant were fruitless, this case was forced to open.
Legal reasons: 6502 P. K. m. 4, 5, 73; 634 P. K. m. 57, 65; Out Of Work
Established Contracts Regulation m. 5, 6, 7
LEGAL EVIDENCE :
1 -)…/… / … dated … Holiday Village timeshare agreement,
2 -) … / … dated receipt document, discovery and expert review,
3 -) a witness list that shows the names and addresses of witnesses and the topics they will testify.
Conclusion and claim : for the reasons explained above, we respectfully demand that the bonds subject to the lawsuit be paid and that the protest process be stopped, that the bonds mentioned in the lawsuit be cancelled, that our client is not owed, that our client has paid in advance … the euro is collected from the defendant in Turkish lira according to the rayice on the actual payday, the costs of the trial and the power of Attorney be charged to the opposite party, that the decision be made on behalf of our client. …/ …/
ECLAIR :
1 -)…/… / … dated … Holiday Village timeshare agreement,
2 -) … / … dated receipt document
3 -) A list of witnesses that shows the names and addresses of witnesses and the topics they will testify,
4 -) one sample of approved power of attorney.
Acting Plaintiff
Lawyer
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