Application and follow-up processes become easier

According to the information obtained from the Ministry of Commerce, consumer arbitration committees, which act as an alternative dispute resolution authority established to find solutions to disputes that may arise from consumer-oriented transactions and practices, have resolved more than 16 million consumer disputes since their establishment in 1995, significantly reducing the workload of the judiciary.

There are currently 211 consumer arbitration committees across Turkey. In 2022, 601,961 applications were decided by these committees. The total dispute cost of the applications in question was approximately 1.5 billion liras.

Some changes were made in the Consumer Protection Law last year in favor of consumers. Arrangements were made to expand and facilitate the ways for consumers to seek their rights.

The monetary limit for applications to consumer arbitration committees has been increased in favor of consumers. While the application monetary limit, which determines the scope of duty of consumer arbitration committees, was increased to 30 thousand liras, this amount was determined as 66 thousand liras in 2023.

Thus, while the scope of duty of consumer arbitration committees was expanded, it was possible to apply to these committees for a larger number of disputes.

The distinction between provinces and districts has been abolished in applications to consumer arbitration committees. In disputes with an amount less than 66 thousand liras, the opportunity to apply to the provincial or district consumer arbitration committee in the place where the consumer is located or where the consumer transaction is made was provided.

It is possible to appeal against the decisions of the consumer arbitration committee to the consumer court in the place where the consumer arbitration committee is located within 15 days from the date of notification. With the new regulation, the possibility of appealing to the consumer court in the place of residence of the consumer has been brought.

Consumers were allowed 7 days to submit additional information and documents during the examinations. In case of missing or inconsistency in some mandatory information in the applications, decisions could be taken against the consumer. In order to solve this problem, the consumer arbitration committee allowed 7 days to request additional information or documents from the applicant.

Arrangements were made in favor of the consumer in litigation expenses and attorney fees. It has been decided that in case the decision of the committee in favor of the consumer is canceled due to the fact that the seller and the providers later presented an information or document that was not available to the consumer arbitration committee, in the consumer court, litigation expenses and attorney’s fees against the consumer could not be awarded.

Applications made to the consumer arbitration committee are finalized within 6 months at the latest. The 6-month additional decision-making period used in case of need has been reduced to 3 months with the new regulation. Thus, the application review and decision-making time of consumer arbitration committees was shortened.

The institutional and technical infrastructure of consumer arbitration committees was improved. Employment of permanent rapporteurs in consumer arbitration committees was enabled and it was aimed to make the institutional structure more qualified. In the districts where consumer arbitration committees were not formed, liaison reporters were appointed to ensure the flow of applications.

Since the jurisdiction and division of labor of consumer arbitration committees are determined by the Ministry, these committees can be restructured according to developing needs.

With TÜBİS, which has become a mandatory online system to be used in all business and transactions of consumer arbitration committees, as of 2017, consumers can easily submit their applications electronically through the e-Government Gateway application. Thanks to the integration of TÜBİS with the National Judicial Network Project Information System, the Public Receivables Collection Platform Information System and the Corporate Electronic Notification System, the processes of consumer arbitration committees were shortened.

Registered Electronic Mail (KEP) addresses were provided to these committees in order to present information and documents regarding the dispute to consumer arbitration committees in a fast and easy way.

It is possible to apply to consumer arbitration committees in person or through a lawyer, by hand, by mail or electronically using TUBIS via e-Government. While the electronic application environment provides convenience for consumers, there is also the opportunity to apply from the application points in all provincial and district centers.

62 percent of the applications made to the consumer arbitration committees were made electronically through TUBIS in 2022.

The Ministry aims to enable consumers to seek their rights in the easiest and simplest way possible in cases of victimization. In this context, revision of TUBIS is planned.

The technical infrastructure of TUBIS will be revised in order to reduce bureaucracy, increase the number of applications made in the electronic environment, save time and financial resources in consumer arbitration committee reviews and decisions, increase the quality of panel decisions, and enable all parties to access the information contained in the file in a transparent manner.

With the revision to be realized with the approach of creating a “user-friendly” system, it will be possible for consumers to apply to consumer arbitration committees more easily and simply and to follow the processes.

President of the Consumer Confederation Aydın Ağaoğlu stated that the application to the consumer arbitration committees is free of charge and said, “The consumer can ensure the elimination of the victimization without paying any price. The decision of the consumer arbitration committees has the force of a court decision. Arbitration committees have an expert examination if necessary. If the consumer is right, the expert fee is paid to the seller. If the consumer is found to be unfair, the costs are covered by the state.” said.

Emphasizing that it is important for consumers to collect all kinds of information and documents when applying to arbitration committees, Ağaoğlu said, “Consumers should also submit all kinds of records as evidence, such as e-mail, fax, SMS or WhatsApp correspondence with the seller with whom they have a dispute.” he said.