Regulation on Consumer Arbitration Committees

Regulation on Consumer Arbitration Committees

Written by: Enes Saltuk Orhan – October 11, 2022

The Regulation on Consumer Arbitration Committees published in the Official Gazette dated September 21, 2022 and numbered 31960 repealed the Regulation on Consumer Arbitration Committees (“Repealed Regulation“) published in the Official Gazette dated November 27, 2014 and numbered 29188. The said regulation regulates the procedures and principles regarding the establishment and operation of consumer arbitration committees.

1) How can I make an application to the Tüketicicicial Hakem Heayetem ?

The application to the Consumer Arbitration Committee may be made to the Consumer Arbitration Committee in the place where the consumer’s place of residence is located or where the consumer transaction is made. In the event that the Consumer Arbitration Committee decides against the consumer in relation to the dispute, the notification and expert witness fees shall be covered by the Ministry. If the dispute is decided in favor of the consumer, the notification and expert fees shall be paid by the other party to the relevant tax office directorate within one month from the notification of the decision. In this way, it is aimed to prevent the consumer from refraining from applying to the Consumer Arbitration Committees with the idea that the expenses will remain on him/her in an application that may result in an unfavorable outcome.

In addition, applications can be made to the Consumer Arbitration Committees in person or through a lawyer; by hand, by mail or electronically through the Consumer Information System (“TÜBİS”) via the e-Government gate. Electronic applications must b e made through TÜBİS.

2) What arethe Functions and Responsibilities of the Tüketicicic Hakem Heayethe Community?

As of 2022, while it was mandatory to apply to consumer arbitration committees for disputes with a value below 15 thousand 430 liras, the monetary value of the application to the arbitration committee was increased to 30 thousand liras in order to prevent more disputes from being referred to the judiciary. Pursuant to Article 6 of the Regulation titled “Jurisdiction”, “Without prejudice to the rights of the parties under the Execution and Bankruptcy Law dated 09.06.1932 and numbered 2004; it is obligatory to apply to the consumer arbitration committees for disputes with a value below 30 thousand Turkish Liras. Applications cannot be made to consumer arbitration committees for disputes of this value and above.” As stated in the relevant article, it is possible to apply to the consumer arbitration committee by waiving the part exceeding the monetary limit. In this respect, this monetary limit will be valid as of the beginning of each calendar year and will be increased by the revaluation rate in that year. In addition, there is no requirement to apply to a mediator in disputes within the scope of the Consumer Arbitration Committees.

Pursuant to Article 7 o f this Regulation titled ” Jurisdiction and divisionoflabor ” , “The jurisdiction and division of labor of the consumer arbitration committees shall be determined by the Ministry. In this way, applications to the consumer arbitration committee can be made to the consumer arbitration committee in the place where the consumer’s residence is located or where the consumer transaction is made. In the districts where no consumer arbitration committee is established, the arbitration committee determined by the Ministry for that district is authorized. If the consumer arbitration committee is not established in the district where the application can be made, applications can be made to the district governorship of that district. The applications shall be recorded in the Consumer Information System without delay by the district governorships and forwarded to the authorized consumer arbitration committee determined by the Ministry.

With the Regulation on Consumer Arbitration Committees published in the Official Gazette dated September 21, 2022 and numbered 31960, the rights of consumers have been facilitated.

2) What arethe Working Principles and Procedures of the Tüketicicic Hackem Heyethe Community?

The fourth part of the Regulation regulates the procedures and principles of applications to consumer arbitration committees. Pursuant to Article 11 of the Regulation titled Application, “Applications to the consumer arbitration committee are made in person or through a lawyer; by hand, by mail or electronically through the Consumer Information System via the e-Government gate. “

When making an application; the applicant’s name, surname, or title, Turkish Republic ID number for citizens of the Republic of Turkey, passport number or foreign ID number for citizens of other countries, tax number if the applicant is not a consumer, address and, if any other contact information, the name, surname, tax identification number and address of the attorney, if any, the subject of the dispute, the request and the value of the dispute in Turkish Lira, and information on the complainant are mandatory elements.

In the Regulation, if the application is made electronically, the applications must be made through the Consumer Information System. In order for the application to be valid, the application form related to the dispute m u s t be filled in completely. The application shall be submitted to the consumer arbitration committee together with the petition containing the mandatory elements regulated in the Regulation and the relevant documents constituting evidence, if any. If t h e r e   is a deficiency or inconsistency in the mandatory information r e q u i r e d in the application, the chairman of the arbitral tribunal shall request additional information or documents from the applicant by giving a period of 7 days in writing. Article 11 o f the relevant Regulation titled Application

Paragraph 5 will enter into force on 01.01.2023.

According to the relevant Regulation, if there is a previously finalized consumer arbitration committee d e c i s i o n regarding a dispute; in case of a n application to the Consumer Arbitration Committee regarding a dispute with t h e s a m e subject, reason and parties, t h e Consumer Arbitration Committee may consider the pendency and final judgment objection ex officio or upon the objection of one of the parties.

All kinds of information and documents are requested from the parties by the chairman of the consumer arbitration committee within the scope of the application made regarding the subject of the dispute; if necessary, it may request information or documents from relevant persons, institutions and organizations. The information and documents requested from the relevant persons, institutions and organizations must be submitted to the consumer arbitration committee within 30 days from the date of notification. If the parties request and the chairman of the consumer arbitration committee deems appropriate, the 30-day period may be extended. However, if the requested information and documents are not submitted within the given period, a decision is made according to the information and documents in the file.

2)  What Is the Legal Nature of the Decisions Made by the Tüketicicic Hakemember?

The decisions rendered by the consumer arbitration committee shall be executed in accordance with the provisions of the Enforcement and Bankruptcy Law on the execution of judgments. The decisions rendered by the consumer arbitration committee are binding on the parties. For this reason, the decisions rendered by the arbitral tribunal shall be effective only for the dispute in which they are rendered.

1. What isthe process of appealing against the decisions of the Tüketicicic Hakemember? In the Regulation, the parties may appeal the decisions of the arbitral tribunal to the consumer The parties may appeal against the decisions of the consumer arbitration committee within 15 days from the date of notification to the consumer arbitration committee or to the consumer court in the place where the consumer is domiciled. The objection does not stop the execution of the decision of the consumer arbitration committee. However, if requested by the parties, the judge may decide to suspend the execution of the decision of the consumer arbitration committee by way of injunction. The decisions of the consumer courts as the objection authority are final.

3 ) How long does it take for applications to be answered?

The applications made to the Consumer Arbitration Committee s h a l l be discussed and decided within 6 months at the latest according to the date and order of application. Considering the nature of the application, the decision period may be extended for a maximum of 3 months. If the parties request urgent review, the application shall be finalized by the consumer arbitration committee with priority if deemed appropriate by the chairman of the arbitration committee.

The decisions of the consumer arbitration committee shall be notified to the parties electronically within 15 business days from the date of the decision by using the technical infrastructure established in accordance with the provisions of Article 107/A of the TPL. If the parties represent themselves with a lawyer, the notification shall be made to the lawyer.

4) What is the Procedure for the Finalization of the Decisions of the Tüketicicic Hakemember ?

The Regulation introduces a new procedure for the completion of the decision, which was not included in the abrogated Regulation. Thus, pursuant to Article 26 titled “Completion of the Decision”, the parties are entitled to request the completion of the decision within 15 days following the notification of the final decision, for the issues that have not been decided regarding the claims in the initial application. The Regulation also s p e c i f i e s the minimum points to be included in the completion decision. Article 26 regarding the completion decision will enter into force on January 1, 2023.

Pursuant to the new provision titled “Completion of the Decision”, the parties h a v e the right to request the completion of the decision within 15 days from the notification of the final decision on the issues that have not been decided regarding the claims in the initial application.

QONOTER

In the light of all these explanations; t h e elimination of the “monetary limit” distinction regardless of province or district, the possibility of application in districts where there is no consumer arbitration committee, and the possibility of submitting additional information and documents due to incomplete or inconsistent applications have been beneficial for consumers in terms of the freedom to seek rights, which is a constitutional right for consumers.