FILE NO: 2020/623
DECISION NO: 2021/35
DECISION DATE: 01/02/2021
CLAIM / ALLEGATION
In summary, the plaintiff stated in the petition that the report forming the basis of the case filed by the defendant company is completely inaccurate, that the plaintiff company did not use electricity illegally, and that there was no off-meter electricity consumption as alleged. It is highly probable that the personnel who prepared the report acted to receive a bonus by issuing such a false report. The plaintiff asserted that there was no illegal or unauthorized electricity usage as claimed, and that the electrical cables were connected to the meter from a depth of 70 cm and a distance of 75 meters. The plaintiff requested the cancellation of the invoice and, primarily through a preliminary injunction, the suspension of payment procedures.
DEFENSE
In its response petition, the defendant’s attorney summarized that the plaintiff’s claim regarding the unauthorized electricity assessment for the installation registered under number 02900841, dated 22.11.2017 and amounting to 39,167.30 TL, is accessible via the T.C. VAN REGIONAL COURT OF JUSTICE 2nd CIVIL CHAMBER Case-Decision No: 2020/623 – 2021/35 in the UYAP Information System at http://vatandas.uyap.gov.tr with the access code KLOK6NM – sajou8T – X/7G3YO – B+JPWE=. The attorney argued that the competent court is the Commercial Court of First Instance and a lack of jurisdiction ruling should be issued. Furthermore, the plaintiff’s claim is time-barred, as under Article 21 of the Turkish Commercial Code No. 6102, if no objection is raised regarding the invoice content within eight days from its receipt, the content is deemed accepted. The defendant stated that the alleged unauthorized electricity detection and the corresponding report and assessment are correct, and all procedures were conducted in accordance with the Electricity Market Consumer Services Regulation. Therefore, the defendant requested the dismissal of the case.