With a precedent decision, the Supreme Court put an end to the dispute between the dealer and the citizen who bought a new vehicle and experienced the same malfunction twice. The Supreme Court decided to replace the vehicle because the zero kilometer vehicle was defective in a way that required engine replacement.
A citizen in Istanbul bought a new car for 2016 thousand 193 euros in 494. The car broke down after about 10 months. The owner of the vehicle took the vehicle, which was stranded on the road due to malfunction, to the dealer where he bought it with the help of his charm.
According to Sabah's news, the dealer stated that the engine of the vehicle needed to be replaced after his inspection. As a result of the agreement made with the dealer, the vehicle owner exchanged his defective vehicle for a new one with a difference of 13 thousand 300 Euros. However, this vehicle had the same malfunction after 2 years. The citizen who applied to the authorized dealer again was told that the car's engine needed to be changed.
The owner of the vehicle, who did not approve of the engine replacement, filed a lawsuit demanding that the vehicle be replaced with an identical one without any defects, claiming that the vehicle had a defect originating from the manufacturing process. The court decided to replace the vehicle because it was defective and required engine replacement.
EXEMPLARY DECISION FROM THE COURT OF COURT
The defendant dealer appealed the decision of the first degree court. The court of appeal also found the consumer right. The 3rd Civil Chamber of the Supreme Court of Appeals, which examined the document upon appeal of the decision, made a precedent decision. The Chamber approved the decision of the Regional Court of Justice, noting that if the product is found to be defective, the consumer can use one of his optional rights to request that the product sold be replaced with a non-defective one.
