Good news for consumers unable to recover deposit payments

A lawyer living in the Alaşehir district of Manisa has won a legal battle against TESLA, offering hope to other consumers in similar situations. Although the company's contract stated that the pre-order fee paid during the initial application would not be refunded, Alaşehir-based Lawyer Mehmet Salcıoğlu decided to cancel his order because the current vehicle price had nearly doubled from the price at the time of the initial application, and he requested a refund of his pre-order deposit. After TESLA refused to issue a refund, Salcıoğlu applied to the Consumer Arbitration Committee, which ruled in his favor. Following enforcement proceedings, he recovered the 10 thousand TL he had paid from the company.

The Consumer Arbitration Committee ruled in favor of the consumer, stating, "In accordance with the regulation that 'if a party claims that a standard term regulating the contract was individually negotiated, it bears the burden of proof,' the relevant clause in the contract in the file has been evaluated as an unfair term. Furthermore, due to economic difficulties experienced in our country and globally, as well as unforeseen changes in exchange rates, the value of the vehicle had doubled by the specified delivery date, and the price of the ordered vehicle had increased to an amount that the consumer could no longer afford due to exchange rate fluctuations. In this specific dispute, it has been concluded that the consumer's request for a refund is justified, given the extreme aggravation of economic conditions, the exorbitant difference between the vehicle price at the time of order and the subsequently offered price due to exchange rates, and the understanding that, as per precedent rulings by the Court of Cassation, the paid amount must be refunded."

"IT IS A PROTECTIVE AND INCLUSIVE DECISION"

Describing his experience, Lawyer Mehmet Salcıoğlu said, "In 2023, we ordered an electric car from TESLA in my wife's name. At the time we placed this order, we paid a fee of 10 thousand TL as a pre-order deposit. Later, due to current economic conditions, the vehicle price increased significantly, so we decided to cancel our order. However, this 10 thousand TL fee was not refunded to us by the company. As a result, we applied to the Consumer Arbitration Committee. The Consumer Arbitration Committee decided that the non-refund of this 10 thousand TL fee constituted an unfair term and therefore ruled that it should be returned to the consumer. The decision rendered is in favor of the consumer. Following the enforcement proceedings, we received the 10 thousand TL we had paid. This decision by the Consumer Arbitration Committee is a protective and inclusive one for consumers who have been unable to recover such payments."

News Source: İHA