Consumer Rights Complaints
Adjudication Panels, Application Processes, and Judicial Practices
Continuing from Our Previous Post
In my previous post, we examined the concept of defective goods and services; this week, we will provide information on the avenues for filing a complaint.
1. Application Methods
The avenues available to consumers for exercising their statutory rights are established through both administrative and judicial processes.
2. Consumer Arbitration Boards
Consumer arbitration boards are bodies established under the Consumer Protection Law No. 6502 to resolve disputes arising from consumer transactions and practices directed at consumers.
The Consumer Arbitration Boards, which are chaired by the President and headed in provinces by the provincial director of commerce and in districts by the district governor or an official appointed by them, consist of representatives from municipalities, bar associations, merchant/tradesman organizations, and consumer organizations.
The jurisdiction of consumer arbitration boards is determined by the monetary threshold for claims, which is set annually.
Accordingly, for the year 2025;
- For disputes involving amounts under 149,000 TL, it is mandatory to file a claim with the district or provincial Consumer Arbitration Boards.
- Applications cannot be filed with consumer arbitration boards to resolve disputes involving amounts of 149,000 TL or more.
“To resolve such disputes, parties must first undergo mandatory mediation, which serves as a prerequisite for litigation; if the dispute cannot be resolved through mediation, they must then file a claim with the Consumer Courts, or with the Civil Courts of First Instance in areas where Consumer Courts are not available.”
3. Filing a Complaint with Consumer Arbitration Boards
Oral applications cannot be made to Consumer Arbitration Boards.
Applications to the Consumer Arbitration Boards may be submitted in person or through an attorney; in person, by mail, or electronically via the e-Government portal using the Consumer Information System (TÜBİS) (https://tuketicisikayeti.ticaret.gov.tr).
Applications are filed by submitting a petition outlining the subject of the dispute, along with any relevant supporting documents, to the Consumer Arbitration Board.
Applications to Consumer Arbitration Boards may be submitted using the application form available on the Ministry of Trade’s website.
Applications submitted electronically must be made through TÜBİS.
“It is important to ensure that the dispute application form is completed in full and that the required documents are uploaded to the system.”
In areas where there are no Consumer Arbitration Boards, applications are submitted through the district governor’s offices, where liaison staff receive the applications and enter them into the TÜBİS system.
4. Decisions of Consumer Arbitration Boards
Applications filed with Consumer Arbitration Boards are reviewed and decided within 6 to 9 months.
The decisions of Consumer Arbitration Boards are binding on the parties.
If the decision is not complied with, an application may be made to the relevant enforcement office to initiate the necessary proceedings for the enforcement of the decision in accordance with enforcement regulations.
An appeal against the decision of the Consumer Arbitration Board may be filed within 15 days of the decision being served.
“During the objection phase, consumers are exempt from the fees set forth in the Fees Act No. 492; however, an advance on costs must be paid in accordance with the Code of Civil Procedure No. 6100.”
The decision issued by the Consumer Court in response to an appeal against a decision of the Consumer Arbitration Board is final.
5. Sample Court Ruling
In the decision of the General Assembly of the Court of Cassation dated December 4, 2015, Case No. 2015/342, Decision No. 2015/2789, a claim was filed for compensation for a 50% loss in value of the property resulting from the failure to provide the social amenities advertised in the promotional materials for the purchased residence.
In the final stage of the judicial proceedings following the appeal phase, the General Assembly of the Supreme Court of Appeals emphasized that the promotional materials had instilled confidence in the consumer, determining that the project’s promises regarding social amenities were decisive in the consumer’s decision; it further found that the transaction had not been conducted in accordance with the principles of a “prudent merchant” and was in violation of the rule of good faith.
For this reason, it has been ruled that the sellers’ liability will continue.
Yargıtay’ın bu kararı, tüketici beklentisinin sözleşmeye dair iradi taahhütler ve dürüstlük ilkesi ışığında nasıl korunacağına dair net bir örnektir.
In this sense, failure to perform constitutes a breach of the consumer’s trust, and liability must be enforced with the utmost seriousness on this basis.
Result
“When it comes to consumer protection, the principle of good faith always takes precedence.”
Best regards,
Attorney İdil Zeynep Yağlıca
