3. Legal Department 2016/13926 E. , 2017/9234 K.
“Text Of Jurisprudence”
The plaintiff … and the defendant … My communication Service.A.Sh. regarding the case of the istirdat between them ….dec………… 1.Correction of the material error was requested by the deputy plaintiff against the announcement dated 19/06/2014 and dated 2013/40 Basis-2014/1531 Decision issued by the Consumer Court and dated 22/10/2015 and numbered 2014/20558 Basis-2015/16478 Decision issued by the department on the violation of the provision dated 2014/2015.
After it was understood that the correction request was within the time limit, all the papers in the file were read and considered as necessary:
Decision Of The Supreme Court
Plaintiff … and defendant … Communication Services A.Sh. regarding the case of istirdat between them….dec. 1. Issued from the Consumer Court dated 19/06/2014 and dated 2013/40 E. – 2014/1531 K. E dated 22/10/2015 and dated 2014/20558 issued by our Department about the violation of provision No. – 2015/16478 K. it is understood that a material error was made in the numbered hymn related to the sehven explanation and conclusion sections; The material error related to the bozma hymn was corrected as follows.
“The plaintiff , the defendant’s operator’s gsm lines, going abroad abroad abroad, due to speech and received 120 min 10 MB internet package, internet package abroad started to use by querying the respondent in due time as required by the party and you have not been notified of the package quota if it weren’t reported over the quota in question, with their own flaws quota-out occurred, assuming also that the charge is exorbitant, the defendant, stating that it violates the rights of the Consumer process; he requested and sued that the legal interest of TL 7,006.05 paid, including taxes, be refunded due to the defendant’s defect, otherwise the excess usage portion will be calculated over the foreign Internet package tariff and the legal interest of TL 4,907.25 will be decided to refund the excess.
The defendant asked for a dismissal of the case, arguing that there were no errors in the actions taken that were contrary to the legislation on consumer protection, and that the plaintiff’s claims were not true.
Court; plaintiff purchased abroad by the respondent’s use of the internet and use internet package is due to more use where customer service is informed that in this situation the case dismissed on the grounds of the absence of unfair terms granted, the judgment was appealed by the plaintiff’s attorney within the period.
The dispute concerns the determination of the amount for which the consumer should be held responsible if the defendant company has an obligation to provide information to the customer in the event of an excess of the quota, if this obligation is not respected.
Prepared by the Information Technology and Communication Institution;
6 of the Regulation on Consumer Rights in the Electronic Communications Sector.article “(1) Operators have the right to access and use the electronic communication services that they provide
it is obliged to provide the following minimum information about its use to all consumers without a request and to ensure that this information is easily accessible.
a) Name, title and address of the operator,
b) Regarding the service that will be offered; definition and scope of service, the general terms and conditions applicable to use of the service regarding service access and service tariffs and, if applicable, the subscription packages, tariffs are taxes that are included with these types of taxes, tariffs tariffs reflected in calculating the rate of the formation of consumer perceptions towards the value of including all taxes, tariffs, if only for the purpose of granting compensation to the terms of the repayment are making by operators and subscribers, if any, offered Maintenance/Repair Services, the types of standard contract terms which includes the minimum contract period,
c) Consumer complaints resolution mechanisms” contains the legal expression.
Paragraph 12/3 of the same regulation is ;
“…(3) For the purpose of protecting the consumer interest;
a) Determination that the service is much higher than the usual level of use,
b) In case of a justified doubt about the existence of an illegal or fraudulent activity, the subscriber may be informed and the provision of the service may be restricted or stopped.” he has brought his legal regulation.
Examination of the file; the signing of the subscription agreement between the parties, the plaintiff’s customer service line description of the package accepts speaking in a telephone interview from abroad and the internet, records audio expert, according to the report of the tariff quota to be applied to the plaintiff in the case is reported, but is not informed about anything happening out of the quota that is understood.
In this regard, in accordance with Articles 6/1-b and 12/3 of the Consumer Rights Regulation in the Electronic Communications Sector, the defendant … Communication Services A.Although Ş has an obligation to inform the consumer in case of exceeding the quota, it has not acted in accordance with this obligation.
In that case, the court due to the defendant quota communication services by the company, it being understood that the consumer did not inform the plaintiff; the plaintiff’s additional report domestic tariff calculation to be done should be decided according to the results obtained from the expert, while yanilgili assessment into the decision in writing with unprecedented dismissal, has required to break it.
CONCLUSION: With the acceptance of the claimant’s deputy’s request for correction of the material error, ….. 1. Issued from the Consumer Court dated 19/06/2014 and dated 2013/40 E. – 2014/1531 K. E dated 22/10/2015 and dated 2014/20558 issued by our Department about the violation of provision No. – 2015/16478 K. since it became clear that a material mistake was made in the numbered ilam, it was unanimously decided to remove the decision to disrupt our apartment, to VIOLATE the provision on the grounds described above, on 07/06/2017.
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