According to the Consumer Arbitration Committees Regulation renewed by the Ministry of Trade and published in the Official Gazette dated 21.09.2022, application to consumer arbitration committees was compulsory in disputes with a value below TL 30,000. Disputes of this value and above will not be able to apply to consumer arbitration committees. If the application relates to a single dispute and the subject of the dispute exceeds this monetary limit, the exceeding part of the limit can be waived and an application can be made to the consumer arbitration committee.
The remaining part will not be able to be applied again. The monetary limit for the application will be increased at the rate of revaluation announced for each year.
Applications can be made to the consumer arbitration committee at the place where the consumer’s place of residence is located or where the consumer transaction is carried out. If a consumer arbitration committee has not been established in the district where the application can be made, the applications can be made to the district governor of that district. The consumer arbitral tribunal will be bound by the request of the parties when deciding on the dispute.
Applications to the consumer arbitration committee are made in person or through a lawyer; It can be done by hand, by mail or electronically through the e-Government portal with the Consumer Information System.
According to the regulation, the decisions of the consumer arbitration committee will be binding on the parties and will be adjudicated only for the dispute in which it was issued.
In consumer arbitration committees, the parties can be represented by a lawyer. The applications made will be discussed and decided within 6 months at the latest according to the date and order of application. Taking into account the nature of the application made, the decision period can be extended for a maximum of 3 months
If the parties request an urgent examination and this request is deemed appropriate by the president, the application will be put on the agenda and finalized by the consumer arbitration committee first. The provision of this paragraph will also be applied to foreign consumers who do not have a residence in Turkey.
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 of the consumer’s place of residence.
The appeal will not stop the enforcement of the consumer arbitration panel’s decision. However, if requested, the judge will be able to stop the execution of the consumer arbitration committee’s decision by way of injunction. The decision of the consumer court on the appeal against the decisions of the consumer arbitration committee will be final.
In the event that the consumer arbitration committee decides against the consumer in relation to the dispute, the notification and expert fees will be covered by the Ministry of Commerce.
