It is also possible for a consumer who is not a citizen of the Republic of Turkey to apply to the consumer arbitration committee and take a binding decision from the consumer arbitration committee in order to resolve the dispute regarding the goods or services they have purchased with a resident seller and/or provider in Turkey.
Consumer arbitration committees are committees established in Turkey to find solutions to disputes that may arise from consumer transactions and consumer-oriented practices according to the Law No. 6502 on the Protection of Consumers.
In Which Disputes Can You Apply to Consumer Arbitration Committees?
A consumer is a natural or legal person acting for commercial or non-professional purposes. For example, if the product purchased by a foreign consumer from a seller serving in Turkey does not comply with the sample or model agreed by the parties or does not have the features that it should have objectively, one or more of the features included in the introduction and user manual, internet portal or advertisements and advertisements. In case it does not carry more than one, the Consumer may apply to the arbitration committees in order to benefit from the Consumer rights. Likewise, it is possible for the consumer to apply to the arbitral tribunal in case of material, legal or economic deficiencies that do not have the features in the internet portal or advertisements and advertisements, or that reduce or eliminate the value of the service or the benefits that the consumer reasonably expects from it.
According to consumer legislation; The consumer has 4 options for defective goods and services. These are; redo of the service/exchange of the goods with a non-defective equivalent, free repair, reduction in the price at the rate of defects or rescission of the contract. It is possible for the consumer to use these rights directly against the seller or the supplier, or to take a decision against the seller or supplier by applying to the committe.
Is it Mandatory to Apply to the Consumer Arbitration Committee?
Consumer Arbitration Committees are divided into two as provincial and district consumer arbitration committees in Turkey. The application limits, which determine the scope of duty of consumer arbitration committees, are re-determined in terms of the values of consumer disputes at the revaluation rate announced by the Ministry of Treasury and Finance every year.
In this context, the value of applications to be made to the Consumer Arbitration Committees for the year 2022;
District Consumer Arbitration Committees in disputes under 10,280 Turkish Liras,
Provincial Consumer Arbitration Committees in disputes between 10,280 Turkish Liras and 15,430 Turkish Liras in provinces with metropolitan status,
Provincial Consumer Arbitration Committees in disputes under 15,430 Turkish Liras in the centers of provinces that are not in metropolitan status,
Provincial Consumer Arbitration Committees are responsible for disputes between 10,280 Turkish Liras and 15,430 Turkish Liras in districts of provinces that are not in metropolitan status.
In disputes which dispute amount is below the amounts determined by the Ministry, it is obligatory to apply to the Consumer Arbitration Committee.
How to Apply to the Consumer Arbitration Committee?
Applications can be made to consumer arbitration committees through the Consumer Information System (TÜBİS) (https://tuketicisikayeti.ticaret.gov.tr) in person or through a lawyer, by hand, by mail or electronically via the e-Government gateway. If a power of attorney containing the authority to apply to the committee is given, an application can be made through a lawyer.
Applications are made by submitting the petition containing the subject of the dispute and the request, 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 the application of the arbitral tribunal, the consumer must specify which option he or she uses.
Applications made in the electronic environment must be made through TUBIS. In order for these applications to be valid, the application form regarding the dispute must be filled in completely and the information and documents, if any, must be uploaded to the system.
Applications can be made to the consumer arbitration committee where the consumer is located or where the consumer transaction is made. If the Consumer Arbitration Committee has not been established in the district where the application can be made, an application can be made to the district governor's office.
What is the Decision Making Time for The Consumer Arbitration Committee?
The decision making time of the Consumer Arbitration Committees may vary. 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.
Applications made to consumer arbitration committees can be followed from the arbitration committee where the application is made.
What Should Be Done After the Decision of the Consumer Arbitration Committee?
In case of a decision by the Consumer Arbitration Committee, the decision is notified to the parties. The consumer, who is decided in his favor, can request the execution of the decision directly from the seller or the provider, and initiate legal proceedings for the implementation of the decision.
Can the Consumer Arbitration Committee Decision Be Appealed?
The parties may 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. The court's decision is final.