…TO THE JUDGE OF THE CONSUMER COURT
PLAINTIFF: TC No:
ADDRESS:
REPRESENTATIVE:
ADDRESS:
DEFENDANT:
ADDRESS:
SUBJECT: Submission of our petition requesting the return of unjustly and illegally collected fees under the name of “loss and leakage fee”.
OUR EXPLANATIONS
1- Our client is billed monthly by the defendant company based on the amount of electricity consumed at their residence. Our client has discovered that a “loss and leakage fee” is charged on these bills, which are paid regularly each month, and which does not correspond to any service fee.
2- These bills clearly show that a fee has been charged to our client for losses and leakage consumption resulting from the illegal use by other malicious users and the gross negligence and faults of the defendant electricity distribution company, as well as deficiencies in its infrastructure, which clearly do not correspond to any service fee. Moreover, loss and leakage rates vary proportionally between regions. Therefore, inconsistencies can be seen even in the rates reflected in electricity bills, and the crime committed by one party is being passed on to the honest consumer, thus placing blame on our client. The defendant company, the electricity supplier, stated that this cost was reflected in the bills based on a decision by the Energy Market Regulatory Authority (EPDK). We also applied to the Arbitration Board with application number ….. regarding this matter, and the arbitration board issued a decision with decision number ….. ordering the refund of this amount.
3- In fact, Articles 4 and 11 of Law No. 4628 and Article 10 of the Electricity Market Tariffs Regulation already contain the necessary regulations on this matter. According to the relevant legal provisions, the decision taken by the EPDK regarding the reflection of loss/leakage costs in subscriber bills is contrary to existing legal provisions. Furthermore, the decision taken cannot in any way override the existing regulations and laws. In this context, the Law on Consumer Protection is a special law and takes precedence over the existing general provisions.
5- In accordance with the existing legal provisions; it is necessary to take the necessary measures to protect the consumer, who is considered the weaker party according to the Law on Consumer Protection.
6- Within the framework of the issues explained above, it has become necessary to apply to your court for the return of the total amount of …… .-TL, which is the amount of the unjustly and illegally collected fees.
LEGAL GROUNDS: Law No. 6502, Article 73; Law No. 4628, Articles 4, 11; Electricity Market Tariffs Regulation, Article… 10
LEGAL EVIDENCE:
1-) Invoices
2-) Refund decision issued as a result of application to the arbitration board
3-) Expert Examination
CONCLUSION AND REQUEST: For the reasons explained above, we respectfully request, on behalf of our client, that the court order the return of the total amount of ………………… .-TL, which was unjustly and unlawfully collected, and that the court costs and attorney’s fees be borne by the opposing party. …/…/…
ATTACHMENTS:
1-)
Plaintiff’s Attorney
Attorney
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