Turkish Court of Cassation Rules on 'Painted' Zero Kilometer Vehicle Case

A consumer in Adana, Turkey, filed a lawsuit after discovering that their zero-kilometer vehicle, purchased from a dealership, had been painted. The Turkish Court of Cassation, 3rd Civil Chamber, overturned the local court's decision for 'replacement with a flawless vehicle' and ruled that 'compensation for loss of value' should be paid. The consumer learned that the vehicle's left door and middle pillar were painted, and the left lower fender was locally painted. After being denied a replacement vehicle by the company, the consumer filed a lawsuit with the Adana 3rd Consumer Court. The expert report obtained during the lawsuit stated that there was paint overflow in the specified areas of the vehicle, resulting in a paint thickness exceeding the reference value. The report also stated that the defect in the vehicle originated from the design and production processes, and that the consumer had no fault. The justification of the Court of Cassation's decision stated, 'The vehicle's purpose of transporting passengers is not negatively affected, and there is no situation that would negatively affect driving comfort and safety, and it is considered a hidden defect that would cause a loss of value in the second-hand market.' The consumer, who requested the replacement of the vehicle with a flawless one, will receive compensation for the loss of value following the Court of Cassation's decision.