Consumer Arbitration Board Regulation
General Provisions
Purpose
ARTICLE 1 – (1) The purpose of this Regulation is to regulate the procedures and principles regarding the establishment and operation of consumer arbitration committees.
Scope
ARTICLE 2 –(1) This Regulation covers the work and operations of consumer arbitration committees established to resolve disputes that may arise from consumer transactions and consumer-oriented practices.
Rest
ARTICLE 3 – (1) This Regulation has been prepared based on Articles 72 and 84 of the Consumer Protection Law No. 6502 dated 7/11/2013.
Definitions
ARTICLE 4 – (1) In the implementation of this Regulation;
a) Ministry: Ministry of Customs and Trade,
b) President: President of the consumer arbitration board,
c) General Directorate: General Directorate of Consumer Protection and Market Surveillance,
ç) Consumer arbitration board: Arbitration board established to resolve disputes that may arise from consumer transactions and practices targeting consumers,
d) Service: Subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,
e) Provincial directorate: Provincial directorate of Commerce,
f) Law: Law No. 6502 on the Protection of Consumers,
g) Goods: Subject of the purchase; movable goods, immovable properties for residential or holiday purposes, and software, sound, images and similar intangible goods prepared for use in an electronic environment,
ğ) Provider: A real or legal person, including public legal entities, who provides services to consumers for commercial or professional purposes or acts on behalf of or on behalf of a service provider,
h) Seller: A real or legal person, including public legal entities, who provides goods to consumers for commercial or professional purposes or acts on behalf of or on behalf of a service provider,
ı) Consumer: A real or legal person acting for non-commercial or non-professional purposes,
i) Consumer Information System: An online system where consumers can submit their complaints electronically and consumer arbitration committees carry out their work and transactions,
j) Consumer transaction: A transaction established between real or legal persons, including public legal entities, who act for commercial or professional purposes or act on behalf of or on behalf of a service provider in goods or services markets and consumers, in the form of works, transportation, all kinds of contracts and legal transactions, including brokerage, insurance, agency, banking and similar contracts,
k) Consumer organizations: Associations, foundations or their parent organizations established for the purpose of protecting consumers,
expresses.
CHAPTER TWO
Establishment, Duties and Authority
Establishment
ARTICLE 5 – (1) The Ministry shall establish at least one consumer arbitration committee in the provincial centres and district centres determined by the Ministry in order to resolve disputes that may arise from consumer transactions and practices targeting consumers. When determining in which districts the consumer arbitration committee will be established, the Ministry shall take into consideration the number of applications, population density, geographical conditions and similar issues.
Area of duty
ARTICLE 6 – (1) Value in applications to consumer arbitration committees:
a) District consumer arbitration committee for disputes under two thousand Turkish Lira,
b) Provincial consumer arbitration committee for disputes between two thousand Turkish Lira and three thousand Turkish Lira in provinces with metropolitan status,
c) Provincial consumer arbitration committee for disputes under three thousand Turkish Lira in the centers of provinces that are not metropolitan status,
ç) Provincial consumer arbitration committee for disputes between two thousand Turkish Lira and three thousand Turkish Lira in districts affiliated to provinces that are not metropolitan status,
are authorized. Applications cannot be made to consumer arbitration committees for disputes exceeding the monetary limits specified in this paragraph.
(2) In determining the authorized consumer arbitration committee, the monetary limits on the application date shall be taken into account.
(3) If the application is related to a single dispute and the subject of the dispute exceeds the monetary limits specified in this article, the part exceeding the limits may be waived and an application may be made to the consumer arbitration committee. No re-application can be made to the consumer arbitration committee for the part exceeding the monetary limits.
(4) The monetary limits specified in this article shall be applied by increasing them at the revaluation rate determined and announced in accordance with the provisions of Article 298 of the Tax Procedure Law No. 213 dated 4/1/1961, effective from the beginning of each calendar year. Any fraction of ten Turkish Lira shall not be taken into account in the calculation of these increases.
(5) Consumer arbitration committees must accept applications falling within their scope of duty and authority in order to take necessary action. They shall return applications falling outside their scope of duty and authority to the applicant, specifying the places where the consumer can apply.
(6) This article does not prevent consumers from applying to alternative dispute resolution authorities in accordance with the relevant legislation.
Jurisdiction
ARTICLE 7 – (1) Provincial consumer arbitration committees are authorized within the provincial borders, while district consumer arbitration committees are authorized within the district borders. In districts where a consumer arbitration committee has not been established, the consumer arbitration committee determined by the Ministry for that district is authorized.
(2) Applications can be made to the consumer arbitration committee in the place where the consumer is resident or where the consumer transaction was made.
(3) If a consumer arbitration board has not been established in the district where an application can be made in accordance with the second paragraph, consumers can apply to that district governor’s office. These applications are forwarded to the authorized consumer arbitration board determined by the Ministry for necessary action by the district governor’s offices.
CHAPTER THREE
President, Member and Rapporteur
Chairman and members
ARTICLE 8 – (1) Consumer arbitration committee chaired by the provincial director in the provinces, or the district governor in the districts or an officer appointed by them;
a) One member to be appointed by the mayor from among the municipality personnel who are experts in the subject,
b) One member to be appointed by the bar association from among its members,
c) In disputes where the seller or provider is a merchant, one member to be appointed by the chamber of commerce and industry or, in places where these are organized separately, one member to be appointed by the chamber of commerce; in disputes where the seller or provider is a tradesman or craftsman, one member to be appointed by the union of chambers of tradesmen and craftsmen in provinces or by the chamber of tradesmen and craftsmen with the highest number of members in districts,
ç) One member to be elected by the consumer organizations from among themselves,
It consists of five members, including the chairman. The chairman and the substitutes of the members are also determined separately by the relevant institutions and organizations.
(2) In cases where the chairman cannot attend the meeting, the bar association representative member shall preside over the consumer arbitration board.
(3) In places where the formation of the consumer arbitration board cannot be ensured, the missing members shall be filled by appointing civil servants who meet the conditions specified in Article 9, by the provincial director in the provinces and by the district governor in the districts.
(4) The term of office of the members other than the chairman shall be three years. Those whose term of office has expired may be reassigned or elected.
(5) For the memberships that become vacant before the end of the term of office due to resignation, death, continuous illness of more than six months and other reasons, the substitute member shall continue to serve and complete the remaining term. The membership of the member whose term of office has expired shall continue until the person appointed or elected in his place begins his duty.
(6) The chairman and members of the consumer arbitration board cannot serve on more than one consumer arbitration board.
Conditions to be sought in members
ARTICLE 9 – (1) Consumer arbitration committee members must meet the following conditions:
a) To be a citizen of the Republic of Turkey,
b) Not to be younger than 18 years of age,
c) To meet the conditions stipulated in subparagraph (5) of paragraph (A) of the first paragraph of Article 48 of the Civil Servants Law No. 657,
ç) Not to be deprived of public rights,
d) Not to have a mental illness that may prevent him/her from performing his/her duty continuously,
e) To be a graduate of at least a four-year faculty.
(2) In places where there are no members who meet the condition of being a four-year faculty graduate, members shall be assigned from among college or high school graduates in the provinces and from among at least primary school graduates in the districts. Those who have graduated from one of the educational institutions whose equivalence is accepted by the Council of Higher Education or the Ministry of National Education may also be assigned or elected as members.
(3) In the event that it is later understood that the membership conditions have been lost or not met, the duty of the relevant member shall end as of the date on which this situation is learned. This matter shall be notified to the relevant institution or organization. In this case, the substitute member shall continue his/her duty and complete the remaining term of the member he/she has been assigned to replace.
Determination of consumer organizations representative
ARTICLE 10 – Determination of the representative of consumer organisations (1) The member who will represent the consumer organisations in the consumer arbitration board is elected by the consumer organisations.
(2) Consumer organizations that have headquarters or branches within the provincial borders for the provincial consumer arbitration board,
b) Within the district borders for the district consumer arbitration board,
c) Within the metropolitan borders for the provincial consumer arbitration board with metropolitan status, may participate in the election of members. If the consumer organization has both headquarters and branches in the place where the consumer arbitration board is located, the consumer organization in question has one vote in the election of members.
(3) If the number of consumer organizations operating in a province or district is less than four, all of them, or if there are four or more than four, the representative they will elect from among themselves by a decision of at least an absolute majority, as a member of the consumer arbitration board of that province or district, shall be reported to the provincial directorate in the provinces and the district governor’s office in the districts, together with the documents proving the election results.
(4) If this notification is not made within one month at the latest from the date on which the election is required, the consumer organization that will send a representative to the consumer arbitration board shall be determined by the provincial directorate in the provinces and the district governorate in the districts within the criteria specified in the fifth paragraph.
(5) In determining the consumer organization representative, the following shall be taken into consideration, in order;
a) The consumer organization that actively carries out its activities in the provincial or district center where the consumer arbitration board is located,
b) If there is more than one consumer organization in the provincial or district center, the consumer organization with the highest number of registered members,
c) The consumer organization with the highest number of branches established and operating at the country level,
According to these criteria, the board of directors of the consumer organization determined shall be requested to determine its representative and notify the provincial directorate in the provinces and the district governorate in the districts.
(6) If the term of office of the consumer arbitration board member who will represent the consumer organizations expires or ends for any reason, this situation shall be announced by the provincial directorate in the provinces and the district governorate’s website or bulletin board in the districts. The election shall be made within one month from the date of announcement without the need for a separate notification.
(7) In districts where there is no consumer organization, the consumer organization representative shall be determined from among the consumer organizations established in the province to which that district is affiliated, within the framework of the principles specified in the first paragraph. The determined member shall be reported to the relevant district governor’s office within one month at the latest. If the notification is not made within this period, the missing membership shall be completed within the framework of the third paragraph of Article 8.
(8) In the event that a consumer organization is established later in a province or district where there is no consumer organization during the formation of the consumer arbitration board, the duty of the member determined in accordance with the seventh paragraph and the third paragraph of Article 8 shall end and the selected consumer organization representative shall take office instead. The procedures related to this shall be carried out by the chairman.
CHAPTER FOUR
Working Procedures and Principles
Application
ARTICLE 11 – (1) Applications regarding disputes are made by submitting the petition containing the subject of the dispute, together with the relevant documents constituting evidence, if any, to the consumer arbitration committee. Applications to the consumer arbitration committees can be made using the application form in Annex-1. In applications made without using the application form, it is mandatory to include the applicant’s name, surname, Turkish ID Number, address and other contact information, if any, the value of the dispute and the request, and information regarding the person complained about.
(2) The consumer cannot apply to more than one consumer arbitration committee regarding the same dispute. Otherwise, the right to object to the pending status arises in favor of the other party.
(3) If the consumer applies to the same consumer arbitration committee more than once regarding the same dispute, the provisions of the second paragraph shall apply.
(4) Applications made electronically must be made via the e-government portal or the Consumer Information System. In order for these applications to be valid, the application form regarding the dispute must be filled out completely, any information and documents must be uploaded to the system, and the application must be signed by the applicant with a secure electronic signature or mobile signature.
(5) In order for applications not signed with a secure electronic or mobile signature to be valid, a printout of the application form created by the system must be taken and signed with a wet signature and, if any, delivered to the relevant consumer arbitration committee by mail or by hand within fifteen days. Otherwise, the application will not be processed.
Authority to request information and documents
ARTICLE 12 – (1) The consumer arbitration committee may request any information and documents regarding the dispute from the parties and relevant persons, institutions and organizations.
(2) It is essential that information and document requests are sent by registered mail. In cases where delay may result in damage, notification may be made through a civil servant, stating the reason.
(3) A maximum of thirty days is given from the date of notification for the submission of the requested information and documents. This period may be extended if requested and deemed appropriate by the consumer arbitration board.
(4) If the information and documents requested by the consumer arbitration board are not submitted within the given period, a decision is made based on the information and documents in the file.
Meeting time and place
ARTICLE 13 – (1) The consumer arbitration committee may meet at any time upon the call of the chairman when necessary, not less than twice a month.
(2) If there is no dispute on the agenda to be discussed, the meeting will not be held.
(3) Meetings are held in places determined by the provincial directorate in provinces and by the district governorship in districts.
Meeting agenda
ARTICLE 14 – (1) The meeting agenda is determined by the chairman, taking into account the provisions of Article 23, and is notified to the members before the meeting begins.
Quorum for meetings and decisions
ARTICLE 15 – (1) The consumer arbitration committee meets with the presence of at least three members, including the chairman, and decides by the majority vote of those attending the meeting.
(2) Members cannot abstain from voting. In the event of a tie in votes, the side for which the chairman voted shall be deemed to have the majority.
Obligation to attend meetings
ARTICLE 16 – (1) It is mandatory for the members of the consumer arbitration board to attend the meetings. Members who cannot attend the meetings due to valid excuses shall notify the chairman of their situation in writing or by e-mail before the meeting.
(2) Membership of those who fail to attend four consecutive meetings without an excuse or none of the meetings held within a three-month period, even with an excuse, will be terminated.
(3) Those whose membership is terminated due to failure to attend the meeting cannot serve as a member of the consumer arbitration board again for one year from the date of termination of their membership.
Cases of non-attendance at the meeting
ARTICLE 17 – (1) The president and members of the consumer arbitration committee;
a) Even if the marriage bond is terminated, the spouse is a party to it,
b) He or his spouse’s descendants or ascendants are a party to it,
c) His fiancée is a party to it,
ç) The person with whom he has an adopted relationship is a party to it,
d) Those with blood ties, including the third degree, or in-law ties, even if the marriage bond that created him is terminated, are a party to it,
e) He acts as the representative, guardian, trustee or legal advisor of one of the two parties,
f) He has been heard as an expert witness or has acted as an arbitrator in the same dispute,
g) He is a party to it or is directly or indirectly involved in it,
they cannot attend meetings regarding disputes.
Type of review
ARTICLE 18 – (1) The consumer arbitration committee conducts the investigation based on the file containing the report prepared by the rapporteur and the relevant documents. If deemed necessary, the consumer arbitration committee also hears the parties and the expert.
CHAPTER FIVE
Expert Review
Appointment of an expert
ARTICLE 19 – (1) In cases where the solution of a consumer arbitration board requires special or technical knowledge, it may decide to obtain the opinion of an expert upon the request of one of the parties or ex officio. An expert witness cannot be consulted on issues that can be resolved with the general and legal knowledge required by the profession of the members of the consumer arbitration board.
(2) The consumer arbitration board may only assign one person as an expert. However, it may also assign an expert board consisting of three people, by clearly stating the reason.
(3) If deemed necessary, an additional report may be requested from the existing expert for the same dispute or a new expert may be assigned.
(4) Experts shall be assigned from the jurisdiction of the consumer arbitration board where the consumer is located or where the dispute will be decided or from the province to which the consumer arbitration board is affiliated. Such persons may not be assigned the task only based on the reasons set forth in Article 17 or another reason acceptable to the consumer arbitration board or such persons may not accept the task of being an expert based on an excuse that would justify their refusal to accept the task.
(5) Persons and institutions that are required by law to provide opinions shall be primarily consulted as experts on the issues they are assigned. However, public officials may not be assigned as experts in disputes and matters related to the institutions they are affiliated with.
Responsibility of the expert
ARTICLE 20 – (1) The expert is obliged to submit her report containing her opinion within the time limit and to return to the consumer arbitration committee the documents submitted to her for review, if any.
(2) If deemed necessary, the expert must comply with the invitation made by the consumer arbitration committee and be present at the consumer arbitration committee meeting on the specified day and time in order to be consulted for his/her opinion.
(3)Experts who fail to attend the consumer arbitration committee meeting on the specified day and time without a valid excuse or who refrain from submitting their report on time will be reported to the institutions or organizations to which they are affiliated in order to implement the necessary disciplinary procedures.
(4) The expert is obliged to keep the information she has learned due to her duty or while performing her duty confidential and to refrain from using it for the benefit of herself or others.
Expert report
ARTICLE 21 – (1) When appointing an expert, the consumer arbitration committee clearly states the issues it wants to examine.
(2) The period to be given to the expert for the preparation of the report cannot exceed fifteen working days from the notification of the decision of the consumer arbitration board regarding the appointment of the expert to the expert. Upon the request of the expert, this period may be extended by the consumer arbitration board for a period not exceeding fifteen working days and only once.
(3) An expert who does not submit his report within the specified period may be dismissed and another expert may be appointed in his place.
CHAPTER SIX
Consumer Arbitration Committee Decision
Nature and scope of the decision
ARTICLE 22 – (1) The consumer arbitration committee is bound by the parties’ requests when making a decision on the dispute. However, in cases where it is not possible to determine the amount of the dispute exactly and precisely at the time of the application, if the applicant specifies the legal relationship and a minimum amount and the amount of the dispute is determined exactly with information or documents during the examination process, the consumer arbitration committee may decide on more or less than the requested amount. In any case, the decision given must be within the monetary limits specified in Article 6.
(2) In case of separate applications for more than one dispute arising from the same consumer transaction, a decision can be made by combining the values of the dispute into a single application, provided that the total of the dispute values remains within the jurisdiction of the consumer arbitration board. If the total of the values of more than one dispute arising from the same consumer transaction exceeds the jurisdiction, separate decisions will be made on the disputes.
(3) The consumer arbitration board decision must state the dispute amount in Turkish Lira. If the dispute amount is in foreign currency, it will be converted into Turkish Lira based on the effective foreign exchange sales rate determined by the Central Bank of the Republic of Turkey on the application date.
(4) In cases where the dispute is concluded in favor of the consumer, the expert and notification fees to be paid by the other party will be stated in the decision.
(5) The consumer arbitration board decision is binding on the parties.
(6) The consumer arbitration board decision is only effective for the dispute in which it was made.
(7) The parties may be represented by a lawyer in the consumer arbitration boards. In the event that the parties are represented by a lawyer, no attorney fee shall be paid to the lawyer of the party in whose favor the consumer arbitration committees have ruled.
(8) If the dispute in question is resolved before the consumer arbitration committee makes a decision and the information or documents proving this situation are submitted to the consumer arbitration committee, the consumer arbitration committee decides that there is no need to make a decision because the dispute is left without a subject.
Decision time
ARTICLE 23 – (1) Applications made to the consumer arbitration committee are discussed and decided upon within six months at the latest, depending on the date and order of application. The decision period may be extended for a maximum of six months, taking into account the nature of the application, the subject of the application, and the characteristics of the goods or services.
(2) If the parties request urgent review and this request is deemed appropriate by the chairman, the application is first brought to the agenda by the consumer arbitration board and finalized.
(3) The provisions of the second paragraph apply to disputes of foreign consumers who do not have a residence in Turkey.
Minutes of the decision
ARTICLE 24 – (1) The decisions taken at the meeting are recorded in the minutes in accordance with the example in Annex-2 and signed by the members attending the meeting. The decision minutes are archived according to the meeting date and agenda order and an approved copy is kept in the file.
Notification of the decision
ARTICLE 25 – (1) The consumer arbitration committee’s decision shall be notified to the parties in writing within ten working days from the date of receipt and in accordance with the provisions of the Notification Law No. 7201 dated 11/2/1959. If the parties are represented by a lawyer, the notification shall be made to the lawyer.
(2) It is essential that the decisions are sent to the parties by registered mail. In cases where delay may cause damage, notification may be made through a civil servant, stating the reason.
Execution of the decision
ARTICLE 26 – (1) The decision of the consumer arbitration committee is executed in accordance with the provisions of the Execution and Bankruptcy Law No. 2004, dated 9/6/1932, regarding the execution of judgments.
Correction of decision
ARTICLE 27 – (1) Inaccuracies in the parties’ identity information, trade names, errors in expression and calculations and other similar obvious errors may be corrected by the consumer arbitration committee ex officio or upon the written request of one of the parties.
(2) If a correction decision is made, the additional decision regarding the corrected issues is written and signed under the copies in the consumer arbitration committee or on a separate piece of paper attached to them. Correction decisions are notified to the parties within ten business days and, if requested, the correction decision is also written and signed on the copies given to the parties.
Objection to the decision
ARTICLE 28 – (1) The parties may object to the consumer court at the location of the consumer arbitration committee within fifteen days from the date of notification against the decisions of the consumer arbitration committee. The objection does not stop the execution of the consumer arbitration committee decision. However, if requested, the judge may stop the execution of the consumer arbitration committee decision by way of a precautionary measure.
(2) If the objected decision is in accordance with the law in terms of its merits, but the objection must be accepted because there was an error in the application of the law to the case, or if the non-compliance with the law does not require a retrial, the consumer court may decide to approve the decision by changing or correcting it on the document. This provision also applies to errors regarding the parties’ identities, trade names, and errors in writing, calculations or other clear expressions. If the decision is in accordance with the procedure and law, but the justification provided is not found to be correct, it shall be approved by changing or correcting the justification.
(3) The decision to be given by the consumer court upon an objection made against the decisions of the consumer arbitration board is final.
(4) The final decisions given by the consumer courts are transmitted to the Ministry via the National Judiciary Network Information System. The decision given as a result of the objection made against the decision of the consumer arbitration board is sent to the relevant consumer arbitration board by the court that gave the decision.
(5) If the objection against the decision of the consumer arbitration committee in favor of the consumer is accepted, the court will decide on the attorney’s fee against the consumer based on the proportional tariff according to the minimum attorney’s fee tariff. The provisions of the tariff regarding fixed attorney’s fees do not apply.
CHAPTER SEVEN
Miscellaneous and Final Provisions
Statistical information
ARTICLE 29 – (1) District consumer arbitration committees send the statistical information regarding the applications and decisions in three-month periods to the provincial directorates within ten days from the end of the period.
(2) Provincial directorates shall report the statistical information received from the districts, together with the statistical information of the provincial consumer arbitration committee, to the General Directorate within ten days from the end of the period specified in the first paragraph.
Financial provisions
ARTICLE 30 – (1) All expenses arising from the implementation of this Regulation shall be covered in accordance with the provisions of Article 82 of the Law.
(2) The attendance fee and attendance allowance to be paid to the chairperson and members of the consumer arbitration committee, other public personnel assigned as rapporteurs, and the expert fee and the procedures and principles regarding these payments are determined by the Ministry, after obtaining the positive opinion of the Ministry of Finance.
Collection of notification and expert fees
ARTICLE 31 –(1) In cases where the consumer arbitration committee decides against the consumer regarding the dispute or decides that there is no need to make a decision because the dispute is irrelevant, the notification and expert fees are covered by the Ministry.
(2) If the dispute is concluded in favor of the consumer, the notification and expert fees shall be paid to the tax office directorate where the other party is located within one month from the notification of the decision. The receipt showing that the payment has been made shall be submitted to the relevant consumer arbitration board within this period.
(3) If the notification and expert fees are not paid within the due period, the consumer arbitration board shall send a copy of the decision in question and a letter containing information on the date on which this decision was notified to the other party to the relevant tax office directorate in order to follow up and collect these amounts in accordance with the Law No. 6183 on the Procedure for Collection of Public Receivables dated 21/7/1953.
(4) When calculating the notification fee, all correspondence regarding the dispute shall be taken into account.
The repealed regulation
ARTICLE 32 – (1) The Regulation on Consumer Problems Arbitration Committees published in the Official Gazette dated 1/8/2003 and numbered 25186 has been repealed.
Transitional provisions
TEMPORARY ARTICLE 1 – (1) The provisions of this Regulation shall also apply to applications made to consumer arbitration committees before the date of entry into force of this Regulation and not yet decided upon.
Force
ARTICLE 33 – (1) This Regulation shall enter into force on the date of its publication.
Executive
ARTICLE 34 – (1) The Minister of Customs and Trade shall enforce the provisions of this Regulation.