How to Appeal to the Consumer Arbitration Board in Turkey
In Turkey, when consumers encounter disputes with businesses, they can seek resolution through the Consumer Arbitration Board. This legal process provides a means for consumers to assert their rights and achieve fair outcomes. In this blog post, we will guide you through the steps of appealing to the Consumer Arbitration Board, offering valuable insights into the process.
Initiating the Application
Choose Your Method of Application
You can apply to the Consumer Arbitration Board either in person, through legal representation, via postal mail, or electronically through the e-Government portal using the Consumer Information System (TÜBİS). Please note that verbal applications are not accepted.
Prepare Your Application
Your application must include a written petition that outlines the dispute, along with any relevant supporting documents. You can use the application form available on the Ministry of Trade’s website for this purpose.
Mandatory Information
Your application should include the following information:
- Applicant’s full name or business
- Turkish citizens should provide their Turkish Republic ID number, while foreign citizens should provide their passport number or foreign identification
- Tax identification number if the applicant is not a
- Address and other contact
- If applicable, the representative’s name, surname, tax identification number, and
- Details of the dispute, the desired remedy, and the dispute value in Turkish Liras. If the dispute value is in a foreign currency, it will be converted into Turkish Lira based on the effective exchange rate determined by the Central Bank of the Republic of Turkey on the application
Selecting the Appropriate Consumer Arbitration Board
You should apply to the Consumer Arbitration Board located in the area where either the consumer resides or where the disputed transaction took place. Provincial boards cover disputes within provincial boundaries, while district boards handle disputes within district limits. In areas without designated consumer arbitration boards, the Ministry designates a relevant board for the district.
Application in Areas without Consumer Arbitration Boards
In areas without dedicated consumer arbitration boards, contact personnel at the relevant district governor’s office handle applications and register them in the TÜBİS system.
Review Process by Consumer Arbitration Boards
Consumer arbitration boards conduct their reviews based on the submitted documentation. If deemed necessary, they may also call upon the parties involved and expert witnesses.
The boards have the authority to request any information or documents related to the dispute from the parties, as well as relevant individuals, institutions, and organizations. A grace period of up to 30 days is provided for the submission of requested information and documents, starting from the date of notification.
If requested and approved by the board’s chairman, this grace period may be extended. Failure to submit requested information and documents within the specified timeframe may result in a decision based on the available information.
In cases requiring specialized or technical knowledge, the chairman of the consumer arbitration board may appoint an expert witness upon the request of either party or at their own discretion. The period for preparing the expert’s report cannot exceed 15 working days from the date of the expert’s appointment. Upon the expert’s request, this period may be extended once, not exceeding 15 working days.
Timeframe for Consumer Arbitration Board Decisions
Consumer arbitration boards aim to review and make decisions on applications within six months from the application date, with the possibility of extending this period for up to an additional three months based on the nature of the case.
If both parties request an expedited review and the chairman approves, the application may be prioritized.
Enforcement of Consumer Arbitration Board Decisions
Decisions made by consumer arbitration boards are legally binding on the parties involved. If a decision is not implemented, the interested party can initiate the enforcement process through the relevant enforcement office, following the procedures outlined in the Execution and Bankruptcy Law No. 2004.
Appealing Consumer Arbitration Board Decisions
Parties have the right to appeal a consumer arbitration board decision within 15 days of receiving notification. Appeals can be submitted to the consumer arbitration board or, in areas without a consumer court, to the Court of First Instance.
Please note that a new application cannot be submitted to the same consumer arbitration board for the same dispute once a decision has been reached.
During the appeals process, consumers are exempt from paying judicial fees under Law No. 492 on Judicial Fees. However, in accordance with Law No. 6100 on Civil Procedure, an advance payment may be required.
The decision rendered by the consumer court on the appeal is final.
Tracking Your Application
You can monitor the status of your application to the Consumer Arbitration Board through the e Government portal using the TÜBİS system.
Seeking Settlement Before a Consumer Arbitration Board Decision
If the dispute is resolved privately before the consumer arbitration board issues a decision, both parties should submit any relevant documents that demonstrate the resolution to the board. This ensures that the board is aware of the situation and can close the case accordingly.
In conclusion, understanding the process of appealing to the Consumer Arbitration Board in Turkey is essential for consumers seeking resolution to their disputes with businesses. By following the outlined steps and adhering to the legal requirements, individuals can navigate this process effectively and assert their rights as consumers. If you require legal guidance or representation throughout this process, our team at Bayraktar Attorneys is here to assist you.
