Consumer Arbitration Committee or Consumer Court? Avenues of Recourse and Mandatory Mediation in Türkiye

When you have a dispute as a consumer, the first question is usually "where should I apply?" The Turkish Consumer Protection Law No. 6502 provides different avenues depending on the value and nature of the dispute. Applying to the wrong body can cost time, so it is important to get this right.

1. Consumer arbitration committees

When is it mandatory?

Under Article 68, subject to the parties' rights under the Enforcement and Bankruptcy Law, application to consumer arbitration committees is mandatory for disputes below the monetary threshold set in the Law; disputes above that threshold cannot be brought before the committees. The threshold, set at thirty thousand Turkish lira in the Law, is increased each calendar year by the revaluation rate announced under the Tax Procedure Law. The threshold in force on the date of application should therefore be checked.

Where and how?

Applications may be made to the committee at the consumer's place of residence or where the consumer transaction took place. Where there is no committee, applications may be made to the district governorship. Applications can also be made electronically.

Decisions and objections

Under Article 70, committee decisions are binding on the parties and are enforced under the provisions of the Enforcement and Bankruptcy Law on the enforcement of judgments. The parties may object to the consumer court within two weeks of notification. An objection does not automatically stay enforcement, but the judge may stay it by way of interim measure upon request. The consumer court's decision on the objection is final.

2. Mandatory mediation

Under Article 73/A, for disputes heard by consumer courts, applying to a mediator before filing suit is a precondition. This requirement does not apply to:

• disputes within the jurisdiction of consumer arbitration committees,
• objections to committee decisions,
• actions brought by the Ministry and consumer organisations on matters of general concern to consumers (Art. 73(6)),
• actions referred to in Article 74,
• consumer disputes concerning rights in rem over immovable property.

Where the parties cannot be reached, do not attend, reach an agreement or fail to agree, the mediation fee payable by the consumer is covered by the Ministry of Justice budget within the limits set in the Law.

3. Consumer courts

Under Article 73, consumer courts have jurisdiction over disputes arising from consumer transactions and practices directed at consumers. Consumer cases may also be filed at the consumer court of the consumer's place of residence. Cases brought before consumer courts by the Ministry, consumers and consumer organisations are exempt from court fees. Simplified procedure applies in consumer courts.

Summary table

Practical tips

• Before applying, notify the seller in writing and state your claim clearly.
• Attach invoices, contracts, correspondence, order and delivery records to your application.
• Calculate the value of the dispute correctly; check the current threshold, as it changes every year.
• Remember that time limits, such as those for defective goods and the right of withdrawal, are running.

This article is for general information purposes only and does not constitute legal advice.