As Ünal&Partners Law Firm, in this information text, we have examined the application methods and details to be made to the Consumer Arbitration Committee due to the dissatisfaction experienced in the product/service presentation, which is one of the most frequently encountered disputes in daily life.
What is the Consumer Arbitration Committee? Who does it consist of?
Consumer arbitration committees are committees established to find solutions to disputes that may arise from consumer transactions and consumer-oriented practices according to the Consumer Protection Law No. 6502. The other members of the consumer arbitration committees, which are chaired by the provincial director of commerce in the provinces or the district governor or an officer appointed by them, consist of representatives of municipalities, bar associations, merchants/craftsmen and consumer organizations.
How to apply to Consumer Arbitration Committees?
Applications to the Consumer Arbitration Committee are made by submitting the petition containing the subject of the dispute, together with the relevant documents, if any, to the consumer arbitration committee.
Applications to consumer arbitration committees can be made using the application form on the website of the Ministry of Commerce.
In applications made without using the application form, the following information must be included:
• Applicant's Name, Surname,
• Republic of Turkey Identity Number (Passport Copy and Passport Number for Foreigners),
• Address and Other Contact Information, if any,
• Applicant's Relevant Request,
• Dispute Value in Turkish Lira and
• Complainant Information.
In case the dispute value is in foreign currency, the said value will be converted into Turkish Lira based on the effective foreign exchange selling rate determined by the Central Bank of the Republic of Turkey on the date of application.
Following the completion of the information and document requirements above, in person or through our lawyers at our law firm; Applications can be made to consumer arbitration committees via the Consumer Information System (TÜBİS) by hand, by mail or electronically over the e-Devlet (for Turkish citizens).
Are there any formal requirements for applications to Consumer Arbitration Committees? Can an oral application be made?
All applications to be made must meet the conditions listed above and must be made in writing. For this reason, verbal applications cannot be made to the Consumer Arbitration Committees.
What are the monetary limits within the scope of the Consumer Arbitration Committee for 2022?
In the applications to be made to the Consumer Arbitration Committee, the authority that will deal with the application varies according to the value of the products. Namely:
• District Consumer Arbitration Committees in disputes under 10.280.00 (ten thousand two hundred and eighty) Turkish Lira,
• Provincial Consumer Arbitration Committees in disputes between 10.280.00 (ten thousand two hundred eighty) Turkish Liras and 15.430 (fifteen thousand four hundred thirty) Turkish Liras in provinces with metropolitan status,
• Provincial Consumer Arbitration Committees in disputes under 15.430.00 (fifteen thousand four hundred and thirty) Turkish Liras in the centers of provinces that are not in metropolitan status,
• In the disputes between 10.280.00 (ten thousand two hundred eighty) Turkish Liras and 15.430.00 (fifteen thousand four hundred thirty) Turkish Liras in districts of provinces that are not in metropolitan status, an application must be made to the Provincial Consumer Arbitration Committees.
Is it possible to apply to the Consumer Arbitration Committee for consumer-related disputes with a value over 15,430,00 Turkish Liras?
For the year 2022, no application can be made to the Consumer Arbitration Committees for the resolution of disputes over 15,430 Turkish Liras.
In order to resolve disputes exceeding this amount, within the scope of Article 73/A of the Law on the Protection of the Consumer No. 6502, as Ünal & Partners our law firm also offers support for such cases, first the mediation institution, which is a litigation condition, and then to the Consumer Courts; In places where there are no Consumer Courts, it will be necessary to create a case file by applying to the Courts Of First İnstance.
Which Consumer Arbitration Committees can be applied to?
Applications can be made to the consumer arbitration committee where the consumer is located or where the consumer transaction is made.
How to make applications in places where there is no Consumer Arbitration Committees?
In places where there are no consumer arbitration committees, applications are received by the liaison personnel in the relevant district governorships and recorded in TÜBİS.
How long does it take for Consumer Arbitration Committees to make a decision?
The applications made to the consumer arbitration committee are discussed and decided within six months at the latest, according to the application date and order. The decision period may be extended for a maximum of six months, taking into account the nature of the application, the subject matter of the application, and the nature of the goods or services.
If the parties request an urgent review and the request is approved by the chairman, the applications may be first put on the agenda by the consumer arbitration committee.
How can the decisions of the Consumer Arbitration Committees be fulfilled?
Although companies generally comply with the decisions taken by the Consumer Arbitration Committee as long as they do not have possible objections, some of them may cause problems in this regard.
Decisions of consumer arbitration committees are in the nature of binding decisions, just like court decisions. If the aforementioned decisions are not fulfilled, an application can be made to the enforcement office regarding the support that our lawyers will provide to you for the implementation of the decision pursuant to the provisions of the “Execution and Bankruptcy Law No. 2004”.
Is it possible to appeal against the decisions of the Consumer Arbitration Committees?
And finally, the parties can appeal against the decision to the Consumer Court in the place where the consumer arbitration committee is located, and to the Civil Court of First Instance in places where there is no Consumer Court, within 15 days from the notification of the decision of the consumer arbitration committee. However, it is not possible to re-apply to the consumer arbitral tribunal, which made a decision before, for the purpose of appeal.
At the stage of appealing to the court, consumers are exempted from the appeal fees they would normally have to pay. However, the expense advance of the Court, which will arise from the realization of the said objection, will have to be paid.
The decision of the consumer court upon the objection made against the decisions of the consumer arbitral tribunal is final. It was aimed to prevent the prolongation of the execution of the decision by appealing and/or appealing to both parties, and it was aimed to quickly reach the final result, which is the underlying purpose of the Arbitration Committee, and to reduce the workforce of the relevant Courts in this respect.
Ünal § Partners Legal Team
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