T.C. SUPREME
11.Legal Department

Mainly: 2014/6369
Decision: 2014/12272
Decision Date: 26.06.2014

CREDIT CASE – IT IS UNDERSTOOD THAT THE LAPTOP WAS DAMAGED BY THE DEFENDANT’S DEFECT DURING THE TRANSPORT OF CARGO – THE LAPTOP PRICE WAS DECIDED TO BE COLLECTED FROM THE DEFENDANT ALONG WITH LEGAL INTEREST FROM THE DATE OF THE CASE – THE PROVISION WAS UPHELD

Summary: in a concrete case, the subject of the case is S.. it is understood that the brand laptop was damaged by the defendant’s defect during the transport of cargo, which is the price .. It was decided that TL should be collected from the defendant along with legal interest from the date of the case.

(4077 P. K. m. 4 / A) (6502 P. K. m. 13)

Case and decision: Zonguldak 2 in the case between the parties. 10/12/2013 date and 2013/451-2013/430 decision given by the Court of First Instance was requested by the defendant’s attorney and it was understood that the appeal petition was given within the period, after the report organized by the examination Judge Tuğba Aldemir for the case file was heard and the petition, layihas, hearing minutes and all documents in the file were read and examined, :

The plaintiff, 23/03/2011 Kilimli PTT Directorate Keşan District military service son R. E. K.’e 01148703860 precious cargo to be delivered to as KP No. Sony Vaio PCG-81212 brand laptop is sent, the recipients of the son when you go to pick up the cargo boxes in normal view no prejudice because the record with respect to the external appearance of the shipping container without take and she took it home, opened the box of the computer when the glass is broken, covering with PTT PTT collapsed when he saw the record of Kashan into the card reader refused to pay the damages, noting that, he demanded and sued the defendant for collection along with legal interest of TL 2,700.00,which is the value placed on the cargo due to defective service.

The defendant’s attorney asked for the dismissal of the case in terms of animosity, stating that the case was filed against the Kilimli PTT Directorate, which does not have a legal entity, and in fact asked for the decision to reject it, stating that the case was unfair.

For reversal made by the court under my jurisdiction as a result of the plaintiff’s case the subject laptop with PTT cargo 2.700,00 TL value placed on Kashan and sent to PTT, where the cargo will be delivered safely and the computer of the recipient against the son went to her house and pick up cargo boxes, the cargo off due to the fact that he couldn’t control, which gives rise to the impression that the outer appearance is not damaged because of the view at home opens the cargo was broken and the video card in the computer when you saw that the part of the reader, the damage occurred as a result of the defendant’s defective on the grounds that the cargo transportation service, with the acceptance of the case; the subject of the case Sony Vaio PCG-81212 understood that the defendant’s laptop was damaged due to transport cargo brand, although it is the price 2.700,00 TL of collecting from the defendant with legal interest from the date the case was decided.

The defendant’s attorney appealed the decision.

According to the information and documents in the case file, there is no procedural or illegal direction in discussing and evaluating the evidence based on the grounds of the court’s decision, all appeals of the defendant’s attorney are not in place.

Conclusion: for the reasons described above, it was unanimously decided on 26.06.2014 to reject all appeals of the defendant’s attorney and to uphold the provision found in accordance with the procedure and law, to take the following balance of TL 138.35 appeal fee from the appellant.