Disputes arising from consumer transactions under Law No. 6502 on Consumer Protection are brought before the consumer arbitration committee if they fall below a certain monetary threshold, and before the consumer court if they exceed it. The monetary threshold is redetermined every year; the threshold applicable on the date of application is decisive.
Elective rights in respect of defective goods
Where goods are found to be defective, the consumer may, under Art. 11 of the Law, exercise one of the following rights:
- Rescinding the contract, having stated that they are ready to return the goods
- Keeping the goods and requesting a price reduction in proportion to the defect
- Requesting free repair, with all costs borne by the seller, provided that this does not entail excessive cost
- Where possible, requesting that the goods be replaced with a defect-free equivalent
Together with these rights, compensation may also be claimed where the conditions are met. Similar elective rights in respect of defective services are set out in Art. 15 of the Law.
Arbitration committee or court?
- If the value of the dispute is below the monetary threshold, application to the consumer arbitration committee is mandatory.
- If the value is above the threshold, an action is brought before the consumer court. In that case, having applied to a mediator before bringing the action is a precondition for bringing the action under Art. 73/A of the Law.
Where and how is the application made?
The application may be made to the consumer arbitration committee in the place of the consumer’s domicile or in the place where the consumer transaction was carried out. It may be made online via e-Devlet (the e-Government Gateway) or by petition directly to the committee, and is free of charge for the consumer. Attaching documents such as invoices, contracts and service receipts to the application facilitates the assessment.
Effects of the decision and objection
- Decisions of the arbitration committee are binding and may be enforced in the same way as court judgments.
- An objection may be lodged with the consumer court within fifteen days of service of the decision.
- An objection does not automatically stay enforcement of the decision; however, upon request, the judge may order a stay of enforcement by way of an interim measure.
Keeping the correspondence with the seller or provider prior to the application makes proof easier at every stage of the process.