This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Tüketici Hakem Heyeti mi, Tüketici Mahkemesi mi?.
You have a consumer dispute but do not know where to take it. An application to the wrong forum is time lost.
This article sets out the division between the arbitration committee and the court, how to apply, and the period for objecting to a decision.
The Dividing Line: The Monetary Threshold
Article 68 of Act no. 6502 fixes the jurisdiction of the consumer arbitration committees.
For disputes below a monetary threshold that is revalued each year, an application to the consumer arbitration committee is compulsory, and its decision binds the parties.
For disputes above the threshold no application can be made to the committee; the matter goes straight to the consumer court.
The thresholds are updated with effect from 1 January each year and published in the Official Gazette, so check the current figure before applying.
The value of the dispute is taken from the amount claimed; interest and costs are not included in that calculation.
Applying to the Committee
Where: to the committee for the place where the consumer resides, or where the consumer transaction took place.
How: in person, by post, or electronically through the e-government portal.
Cost: the application is free.
What to attach: the invoice or receipt, the contract, the guarantee, service records, correspondence with the seller, proof of payment and any photographs.
Timing: the committee decides within the period laid down by the Act, though in practice this varies with its workload.
The effect of the decision: committee decisions are binding, and if not complied with they are enforced as judgments.
So you can put the decision straight into enforcement; no separate proceedings are needed.
Objecting to a Decision
Article 70: the parties may object to a committee's decision before the consumer court for the place where the committee sits, within fifteen days of service.
An objection does not stay enforcement of the decision. The judge may, on request, stay it by way of an interim measure.
That distinction matters: even if the other side objects, you can enforce the decision unless a stay is ordered.
The consumer court's decision on the objection is final.
The same article contains special provisions on the lawyer's fee awarded in those decisions.
The fifteen days is a forfeiture period: miss it and the decision becomes final.
The Consumer Court
Jurisdiction: under Article 73, the consumer courts hear disputes arising from consumer transactions and from practices directed at consumers.
Venue: consumer proceedings may also be brought in the court for the consumer's place of residence — a rule made in the consumer's favour.
Fees: proceedings brought by consumers in the consumer courts are exempt from all charges and fees.
That is a real advantage: the cost of suing is limited to the advance on expenses.
Mediation: under Article 73/A, applying to a mediator before bringing proceedings is a condition of the claim in disputes heard by the consumer courts.
There are exceptions: disputes within the committee's jurisdiction, objections to committee decisions, the proceedings referred to in Articles 73/6 and 74, and disputes that are consumer transactions but concern rights in rem over immovable property.
Which Route, and When
- Below the threshold: apply to the consumer arbitration committee. It is compulsory, free, and the decision binds.
- Above the threshold: go to a mediator first (a condition of proceedings), and if no agreement is reached, sue in the consumer court. You are exempt from fees.
- The committee decided against you: object to the consumer court within fifteen days of service. Mediation is not required for that objection.
- The decision is in your favour but ignored: put it into enforcement directly; it is enforced as a judgment.
An administrative complaint may also be made to the Ministry of Trade about practices contrary to the legislation; it can lead to an administrative fine and can speed up a resolution.
Finally, limitation varies with the nature of the dispute: two years as a rule for defective goods, five for residential property, and no limitation where the defect was fraudulently concealed.
The period to object to a committee decision is fifteen days, and the objection does not stay enforcement unless the judge orders a stay on request. A decision in your favour can be enforced even while the other side is objecting.
Frequently Asked Questions
Committee or court?
Below the annually revalued monetary threshold the committee is compulsory; above it the matter goes to the consumer court after mediation.
Does an application cost anything?
An application to the committee is free, and proceedings brought by consumers in the consumer courts are exempt from all charges and fees.
Is a committee decision binding?
Yes, and if it is not complied with it is enforced as a judgment — you can put it straight into enforcement.
How long do I have to object?
Fifteen days from service, to the consumer court where the committee sits. It is a forfeiture period, and the court's decision on the objection is final.
Do I have to try mediation?
For proceedings in the consumer court, yes. Not for disputes within the committee's jurisdiction, nor for an objection to a committee decision.