Citizens may suffer material and moral damages as a result of the faulty behavior of the administrations while providing public services. In such cases, victims have the right to demand compensation from the administration, within the framework of the Turkish Administrative Code and relevant legislation. Here is detailed information about compensation cases arising from the administration’s service defect:
What is a Service Defect?
Service defect is an unlawful behavior resulting from the administration’s failure to exercise due care and attention while performing public services. This may be in the form of a transaction or action.
When is a Compensation Case Filed Due to Service Defect?
Within 60 days from the date of learning of the damage and defect. This period is of a limiting nature, that is, if a lawsuit is not filed within this period, the right is forfeited.
Within 60 days from the notification of the administration’s written response. If a request for compensation has been made to the administration and a written response has been given by the administration, the lawsuit must be filed within 60 days after this response is notified.
Who Can File a Case Against?
The compensation lawsuit is filed against the administration that caused the damage. The competent court is the Administrative Courts.
What Should Be Included in the Petition?
In the petition, elements such as the subject of the case, the action or process by which the administration committed the service defect, what this defect was, what material and/or moral damages occurred as a result, and the amount of compensation requested should be explained in detail.
What are the Evidences?
Evidence showing that the administration committed service defects must be added to the lawsuit petition. Among this evidence;
Minutes
Reports
Expert reports
Witness statements
Photos
It may contain documents such as:
How is the Amount of Compensation Determined?
The court determines the amount of compensation by evaluating the evidence and expert reports presented by the plaintiff. The amount of compensation covers the financial compensation for material and moral damages.
Who Will Cover the Case Expenses?
Litigation expenses are covered by the winning party. However, if the case is rejected, the litigation costs are paid by the plaintiff.
Should I Get Lawyer Help?
Claims for compensation arising from the administration’s service defect may involve complex legal procedures. Therefore, it is important to get legal help from a lawyer in such cases to protect your rights.