‘Broken Land Rover’ decision from consumer court

ISTANBUL

It was bought by businessman Engin Yakut in 2013. Range Rover Vogue In a case filed to determine that the car of the brand was defective, the court decided that the fee of 397,800 liras for the car, which was admitted to be defective, was collected from the defendant and paid to the plaintiff, with a higher interest. the rate will be processed as a refund.

According to documents submitted to the court, Yakut, Istanbul’In March 2013, he bought a Range Rover Vogue model car with 34 PHJ 41 plates for 170,000 euros (397,800 lira) from a warehouse in Istanbul. Yakut, who was driving at a speed of 70-80 km in his car, which was only 450 km, noticed that the engine suddenly smelled, sparks came out and the car began to pour fuel rapidly. Yakut, who survived the incident without an accident, received information from Borusan Oto, the distributor, where the car was taken, a week later that “the engine was defective, the transmission screws were broken because they were not tightened properly, and there. it was a failure related to production”. Borusan Oto also informed Yakut that it bears no responsibility for the error as the car was taken from the warehouse.

Request to the European Union Parliament and Commission for reinstatement

Engin Yakut issued three international notices to the Land Rover Company about the incident and demanded that his car be replaced with a new one. Yakut, who could not get an answer from the company, filed a lawsuit against the “car recall” in the 1st Consumer Court of Istanbul through his lawyer Candaş Gürol. While the case was widely publicized in the media, the topic was discussed on social media. twitterIt became a trending topic for 4 days in a row with tweets tagged “landrovergameover”.

1st Consumer Court of Istanbulaccepted the case. At the same time, Yakut filed another case in the Eighth Consumer Court of Istanbul asking for a decision on the car’s defect and for him to be refunded the fee he paid. Yakut also appealed to the European Parliament and the European Commission, demanding that all Range Rover Vogue cars sold in Europe be recalled.

Decisions or other cases that claim to be filed in consumer courts and other courts are linked to the case file in the 8th Consumer Court in Istanbul.

A “wrong car” court decision

After expert reports showed that the vehicle was defective due to a manufacturing defect, the Eighth Consumer Court of Istanbul announced its decision on the petition.

In the case, where the plaintiff Engin Yakut and the defendant Jaguar Land Rover Limited Comany were represented by their lawyers, the lawyers of both sides were asked for their explanations after the incoming documents were read.

The plaintiff’s lawyers wanted the case to be accepted, and the defendant’s lawyers wanted the case to be dismissed.

Announcing its decision, the court accepted the case and decided to determine that the Land Rover brand car with plate number 34 PHJ 41, which is the subject of the case, is defective. Ruling that the defective car be returned by the plaintiff Engin Yakut, the court decided that the car fee of 397,000 800 liras, together with the highest interest on the deposit that will be processed at the time of return, be taken from the defendant and paid to the claimant. Engin Yakut.

The court decided to reject the claims filed in Bakırköy 8. Court of First Instance and İstanbul 1. Consumer Courts and with this legal case (seizure and return of Range Rover Vogue brand cars).

It was ruled by the court to be a manufacturing defect.

Candaş Gürol, the lawyer of the plaintiff Engin Yakut, presented two separate cases regarding 3 similar vehicles, including Yakut, in the 12th and 17th Courts of Istanbul to determine whether there was a fault in the vehicles. The courts that evaluated the application, the vehicles were examined by expert committees consisting of expert lecturers from Istanbul Technical and Yıldız Technical engineering universities. As a result of the discovery made at Borusan Oto where the cars were, expert reports were prepared and said that “the engines of those cars have errors in the manufacturing of those cars, those errors are not caused by the driver’s mistakes, and the company that makes those cars should change them. cars and new ones”. Therefore, it became official by the court that the performance in the cars was caused by a production error.

Borusan Oto also prepared a separate assessment report and submitted a report that “the fault was not caused by driver error and the screws were not properly tightened in production”.

“Danger of confusion in traffic”

Engin Yakut’s lawyer, Candaş Gürol, submitted the “manufacturing defect” reports he received from the court to the consumer courts, where he filed two separate recovery cases demanding that the importation of the vehicles be stopped.

One of the courts that evaluated the court’s report of “detection of errors” and found these reports to be negative, Istanbul 1st Consumer Court, Land Rover Ltd. in England. The address of the company to be sent a notice to appear in court as a defendant.

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