Adana Regional Court of Justice 5th Civil Chamber has signed a precedent decision that concerns all citizens who own vehicles. With this decision, it was decided to replace a 2012 model car with a new one. So what happened? How did a citizen win his legal battle and have the right to replace his 10-year-old car with a new one? Let’s take a look at these details together.
A citizen named Ahmet Hocaoğlu, who lives in Mersin, bought a brand new car in 2012. Hocaoğlu, who had no problems in the first years, saw that there were flaking in the paint of his vehicle in 2017. So much so that the paint of the vehicle was peeling off on its own as if it were a sticker. After that, Hocaoğlu went to the service and encountered an unexpected result. The company said the vehicle could be fully painted, but the damage would not be covered. After that, Hocaoğlu decided to file a lawsuit and won the legal battle that has been going on for 5 years.
The case was first dismissed, then seen again
Ahmet Hocaoğlu went to the consumer court first. In its defense, the manufacturer said that the car is under a 3-year paint protection guarantee and that there were no problems in this process. The dealer dealer also argued that the vehicle was delivered in perfect condition. The court decided that this was a slight defect and that it could be fixed with paint, and that the problem occurred after a legal period of 2 years and was out of time, and accordingly the case was dismissed. Thereupon, Ahmet Hocaoğlu, who went to the upper court, ensured that the precedent decision was issued. Adana Regional Court of Justice 5th Civil Chamber, citing the manufacturing defect explanation in the expert report, decided to replace the 2012 model vehicle with a non-defective one and to rehearse the case in the first instance court.
Lawyer Kurtuluş Kanat, who managed the process on behalf of Ahmet Hocaoğlu, made a statement on the subject: “This is a decision that will set an example. The removal and progression of the paint like a leaf is a painting process error and it is not possible for the customer to notice it when the vehicle is purchased. There is no timeout for hidden defects arising from production. “We have also demonstrated it with the Supreme Court decisions we have submitted. Since there is a hidden defect arising from the production here, our client’s vehicle will be replaced with a 2022 model.”
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