Consumer Rights and Complaint Methods
Consumer Rights and Complaint Methods
Consumer rights have become a cornerstone of modern societies. Protecting consumers when purchasing products or services is critical to maintaining a fair trading environment. In Turkey, there are various laws and regulations to protect consumer rights and remedy consumer grievances. In this article, we will provide detailed information about the application to the Consumer Arbitration Committees and the Consumer Court case process.
Defective Goods and Services
If the goods or services purchased by the consumer are not of the expected quality, this is defined as “defective goods” or “defective services”. Defective goods are products that fail to deliver the expected performance due to reasons such as manufacturing defects, incorrect information or use of materials. Defective service means that the service provided does not meet the conditions specified in the contract.
Consumers who encounter a defective good or service have various rights. First of all, free repair of the goods or service can be requested. If this is not possible, options such as replacement of the goods or services, price reduction or termination of the sales contract come into play. These rights are guaranteed by the Turkish Code of Obligations and the Law on Consumer Protection.
When the consumer encounters defective goods or services, the period for notifying the seller is also important. The defect must be notified to the seller immediately from the moment it is noticed by the consumer. The length of this period may vary depending on the nature of the goods and the nature of the defect.
Application to Consumer Arbitration Committees
The first step in seeking consumer rights is usually to apply to the Consumer Arbitration Committees. Consumer Arbitration Committees were established to resolve disputes between the consumer and the seller in a fast and cost-free manner. Applications can be made to these committees for disputes below a certain monetary limit.
The application process is quite simple. When the consumer thinks that the goods or services purchased are defective, he/she can apply to the Consumer Arbitration Committee with the documents in his/her possession. The application can be made to the arbitration committee in the place where the consumer resides or where the dispute takes place. Applications can be made in writing or online via e-Government.
After receiving the application, the Consumer Arbitration Committee conducts an investigation and collects the necessary information from the parties. As a result of the review, the committee makes a decision on the dispute. This decision is binding and the parties must comply with it. If the decision is challenged, the parties may apply to the Consumer Court
Consumer Court and Litigation Process
In case of objection to the decision of the Consumer Arbitration Committee or for disputes over a certain monetary limit, consumers may apply to the Consumer Court. Consumer Courts are specialized courts tasked with resolving legal disputes between the consumer and the seller. These courts were established to protect consumer rights and ensure justice.
The litigation process starts with a petition filed by the consumer to the Consumer Court. In the petition, the consumer’s demands and the subject of the dispute must be explained in detail. After examining the petition, the court sets a hearing date and calls the parties to the hearing. At the hearing, the parties present their evidence and make their defenses.
The Consumer Court makes a decision by considering the parties’ statements and evidence. This decision may be in favor or against the consumer. The court’s decision is binding and must be implemented. In case of an objection to the decision, the way of appeal is open by applying to the Court of Cassation.
Consumer rights are of great importance in modern societies to protect individuals and ensure a fair trade environment. When faced with defective goods and services, consumers need to know their rights and defend these rights. Consumer Arbitration Committees and Consumer Courts provide support to consumers in this process and ensure that grievances are resolved. Knowing your rights as a consumer is the first step to prevent victimization.