Consumer is a natural or legal person acting for commercial or non-professional purposes. the Consumer process; goods or services for markets, including public entities, commercial or professional purposes or for natural or legal persons who act on behalf or acting on her behalf and any contract between consumers and the legal process; including all kinds of contracts, including works, transport, brokerage, insurance, power of attorney, banking and similar contracts .
Application
In consumer disputes, the applicant authority varies according to the amount of the subject matter of the dispute. Applications can also be made physically or through the e-state system. Applications made electronically must be made with TÜBİS. In order for these applications to be valid, the application form for the dispute must be filled in completely and information and documents, if any, must be uploaded to the system.
The current monetary limits are as of 2020;
District consumer arbitration committees for disputes under 6,920 TL,
Provincial consumer arbitration committees for disputes between TL 6,920 and TL 10,390 for provinces with metropolitan status,
Provincial consumer arbitration committees for disputes under 10,390 TL in centers of provinces not in metropolitan status,
Provincial consumer arbitration committees are on duty for disputes between TL 6,920 and TL 10,390 in districts connected to provinces that are not Metropolitan.
For disputes of TL 10,390 and above, no application can be made to consumer arbitration committees; these applications must be made to consumer courts and to first instance courts where there are no consumer courts.
Applications will be submitted to the arbitration committee at the place of settlement of the consumer or the place where the consumer transaction is made.
Defective Goods
According to the Law On Consumer Protection; “defective goods are goods that are contrary to the contract at the time of delivery to the consumer, because they do not comply with the sample or model agreed by the parties or do not have the characteristics that they should have objectively”. Defects that occur within six months from the date of delivery are considered to exist on the date of delivery. In this case, proof that the goods are not defective belongs to the seller. This presumption does not apply if it is incompatible with the nature of the goods or shame.
If it is understood that the goods are defective, consumer ;
Return from contract by declaring that it is ready to return the sold,
Keep the sold and ask for a discount on the sale price at the rate of shame,
If it does not require excessive costs, request a free repair of the sale, all costs of which belong to the seller,
If possible, asking for the replacement of the sold with a non-defective multiple may use one of its electoral rights. The seller is obliged to fulfill this demand, which the consumer prefers.
Defective Service
According to the law on consumer protection; “a defective service is a service that does not start within the period specified in the contract or is contrary to the contract due to the fact that it does not have the characteristics that have been agreed by the parties and should have objectively. “
In cases where the service is performed improperly, the consumer is free to exercise one of the rights to re-view the service, free repair of the work resulting from the service, a discount on the price at the rate of shame, or return from the contract against the provider. The provider is obliged to fulfill this request, which the consumer prefers.
Installment Sales Contracts
A contract of sale in installments is a contract in which the seller or provider undertakes the delivery of the goods or the performance of the service, and the consumer pays the price in parts. The consumer has the right to withdraw from the sales contract in installments within seven days without any justification and without paying criminal conditions.
Consumer Loan Contracts
A consumer loan agreement refers to a contract in which the lender gives or undertakes to lend to the consumer through postponement of payment, borrowing or similar forms of financing in exchange for interest or a similar interest. The lender and the credit broker, if any, must provide the consumer with a pre-contract information form containing the terms of the loan agreement they offer, a reasonable period of time before the establishment of the contract. The consumer has the right to withdraw from the consumer credit agreement within fourteen days without any justification and without paying criminal conditions.
Housing Finance Contracts
A housing finance contract is a contract for the use of loans to consumers for the purpose of acquiring housing, leasing houses to consumers through finance leases, providing loans to consumers under the guarantee of the housing they own, and using loans for the purpose of refinancing these loans. Housing finance organizations are obliged to provide the consumer with a pre-contract information form containing the terms of the housing finance contract within a reasonable period of time before the establishment of the contract.
Prepaid Residential Sales
A pre - paid home sale agreement is a contract in which the consumer undertakes to pay the sale price of a real estate for residential purposes in advance or in installments, and the seller undertakes to transfer or deliver the real estate to the consumer after payment of the price in whole or in part.
The sale of prepaid homes must be registered in the land registry, and the contract for the promise of sales must be made in the form of a notary arrangement. Otherwise, the seller cannot claim the invalidity of the contract later to the detriment of the consumer.
The consumer has the right to withdraw from the pre-paid home sales contract within fourteen days without any justification and without criminal conditions. It is sufficient that the notification of the exercise of the right of withdrawal is directed to the seller during this period. The seller is obliged to prove that the consumer has been informed about the right of withdrawal.
Other Consumer Contracts
Other consumer agreements regulated in the law on consumer protection:
General Principles
A label containing the place of production and distinctive features indicating the sale price and unit price, including all taxes that the consumer will pay, must be placed on the goods or packaging or containers offered for retail sale, which can be easily seen and read; in cases where the label cannot be placed, lists covering the same information must be hung in the appropriate places so that they can be seen.
A Turkish introduction and user's guide for the promotion, use, installation, maintenance and simple repair of goods available to the consumer must be offered for sale with a label covering international symbols and signs, if necessary.
Manufacturers and importers must issue a guarantee certificate for goods produced or imported for the consumer, the content of which is determined by the regulation. It is the responsibility of the seller to give this document to the consumer.
Manufacturers or importers are obliged to provide after-sales maintenance and repair services for the goods they produce or import during the service life determined by the Ministry. Court of Cassation 13. HD., 23.10.2017, E: 2015/22767, K: 2017/10057
"... The plaintiff's attorney stated that the vehicle, which his client bought from the defendant for 66.591.29 TL on 17/10/2014, had malfunctions such as sudden loss of speed and stopping at various times since the first day, and the vehicle was taken to the service 3 times with the same complaint, lastly on 24/10/2014. He claimed that the vehicle was delivered to his client, and that his client lost his trust in the vehicle and requested that the vehicle be replaced with a non-defective double.
The defendant stated that the plaintiff's complaints were resolved with free repairs, and that there was no repetitive and unsolvable malfunction in the vehicle, that the plaintiff had chosen the plaintiff's right to free repair and wished the case to be dismissed.
The evidence gathered in the trial conducted by the court according to the expert report and the whole file scope; Even if the consumer, who bought the vehicle on 17/10/2014 and the malfunctions occurred more than once until 21/10/2014, used his right to repair, it was decided to accept the case on the grounds that he could use the other optional rights written in article 11 in case the same failure repeats; the judgement was appealed by the defendant.
1-According to the articles in the file, the evidence on which the decision is based and the legally necessary reasons and especially the lack of inaccuracy in the discretion of the evidence, the defendant's other appeal objections that fall outside the scope of the following paragraph must be rejected.
2-The plaintiff has requested and used the right to repair free of charge in accordance with article 11 of the Law no. 6502, and it was understood through the test drive that there was no malfunction in the vehicle in the expert report based on the decision. As such; Since the plaintiff has exercised his right of repair and has exhausted his right of choice in this way, he cannot use another elective right to replace the vehicle with a non-defective duplicate. Establishing a provision in writing without taking into account these disclosed issues is against the procedure and the law and requires a violation.Court of Cassation 13. HD., 22.12.2016, M: 2015/33630, K: 2016/24098
“… The plaintiff stated that on 14/08/2014 .... he bought the vehicle from the defendant .... In the service form prepared by .... Şti, "combustion damage in the front of the vehicle, engine hood, right front fender, wipers, engine wiring cable, chest wiring cable, ... "reported, he claimed that he was a victim after the fire incident that occurred 40 days after the purchase of the vehicle, that he had no trust in the vehicle, and that the vehicle was defective and requested the defendant company to collect the 43.690.80 TL price paid for the vehicle with the legal interest or to replace the defective car with the same amount without defects.
The defendants wished the case be dismissed.
The court dismisses the case against the defendant ... due to the absence of hostility; defendant .... AŞ. with the partial acceptance of the case filed against him, the determination of the defective vehicle subject to the case, the return of the defective goods by the plaintiff to the defendants free of all encumbrances and traffic fines, the replacement of the vehicle subject to the case with the same model, the same brand and the same feature without defects; If it is not possible to replace the vehicle with the same model, same brand and same feature without defects, it has been decided to collect 43.690,80 TL from the defendants jointly and jointly with the legal interest to be incurred as of the date of the case; judgment has been appealed by the defendant .... AŞ.
1-According to the articles in the file, the evidences on which the decision is based and the legally necessary reasons and especially the lack of inaccuracy in the discretion of the evidence, the defendants' other appeal objections that fall outside the scope of the following clauses should be rejected.
4-According to acceptance; the plaintiff has put forward the claim gradually, and the court has to replace the vehicle subject to the action with the same amount without any defects; If it is not possible to replace the vehicle with the same model, the same brand and the same feature without defects, it has been decided to collect 43.690,80 TL from the defendants jointly with the legal interest to be charged as of the date of the case. However, if it is not possible to replace the vehicle subject to the case without any defects, since the action will be taken in accordance with article 24 of the Execution and Bankruptcy Law, even if it is not written in the provision, If it is not possible to replace the vehicle in duplicate, contrary to the provisions of the law mentioned in written, it is decided to collect 43.690,00 TL from the defendants jointly and severally from the defendants, and it is against the procedure and the law and requires to break it according to court ... "
Court of Cassation 14.11.2017, E: 2016/12993, K: 2017/11106
"... The plaintiffs stated that the vehicle was taken to the authorized service for routine checks on 20/04/2013, it was noticed that there was a line and paint collapses on the trunk lid of the vehicle during the control, and that the defendant party was notified on 10.05.2013 and he claimed that he was asked the vehicle was changed due to the shame. On the service form dated 20.04.2013, there is a statement that "scratches and paint sags were detected on the tailgate during the checks carried out on the vehicle, no external factors were found". The plaintiffs alleged that the defect in question occurred after the vehicle was purchased. on the other hand, the defendant argued that the vehicle was delivered to the plaintiff without any damage, it was not a manufacturing fault but a user fault, and that the vehicle had an accident twice while it was in the hand of the plaintiff, and the depreciation caused by the accident should be offset.
Based on the judgment of the expert report, it was understood that the defects detected in the vehicle subject to the case included the vehicle within the scope of defective goods, and the court decided to accept the case filed, taking into account the right of choice of the plaintiff's attorney. In the 11th article of the law numbered 6502, the optional rights of the consumer are regulated in case the goods are defective. In these optional rights, the consumer; has the right to withdraw from the contract, including the return of the price, to replace the goods with the same amount without any defects, or to request a price reduction or free repair in the ratio of defects. The seller is obliged to fulfill this demand preferred by the consumer. As explained, the consumer will be able to use any of the optional rights. However, the consumer has to act within the objective goodwill rules while using this right.
In this case, the court should have decided by bringing the insurance and compulsory traffic insurance files, service records of the vehicle, having the expert expert or expert committee examined on the vehicle, determining whether the defect in the vehicle is a hidden or open defect and whether these existing findings are due to manufacturing error or usage error, Considering whether it was notified in due time, the plaintiff's elective rights should be decided according to the result by evaluating the goodwill rules, the rights and interests of the parties, whether it would cause an excessive imbalance, and whether it was necessary to apply a discount from the electoral right due to the defect in the vehicle multiple of his optional rights will cause an excessive imbalance by evaluating the rights and interests of the parties, and whether it is necessary to apply a price reduction from the electoral right due to the defect in the vehicle but it has decided in writing to replace the vehicle with a new one with the same qualification and quality, and this situation is against the procedure and the law, it requires disruption ... "
Court of Cassation 22.6.2005, 4-309 / 391
At the end of the trial made due to the "defective property" case between the parties;
Examination of the decision of the 1st Consumer Court of Istanbul, dated 25.06.2002 and numbered 2001 / 231-2002 / 677 on the acceptance of the case, upon the request of the attorney of the defendants, with the verdict of the 4th Legal Department of the Supreme Court of Appeals dated 15.09.2003 and numbered 2003 / 9405- 10034;
(... the case is about the request for the replacement of the defective vehicle with a new one, or the recovery of its value. The court decided to replace the vehicle with a new "0" km vehicle of the same model and quality, and the decision was appealed by the defendants. In the plaintiff's petition; He wanted the 1997 model Porsche brand vehicle with a manufacturing error to be replaced with a new one, if this is not possible, its value. The court, on the other hand, decided to replace the vehicle with a new one of the same quality "0" km. The execution of this provision creates difficulties in the face of article 388 of the Code of Civil Procedure. It is not possible for a 1997 model vehicle to find a new "0" km after 4-5 years. In this case, since the value of the vehicle is among the plaintiff's optional claims, the cost of the vehicle should be judged, taking into account the benefit obtained by the plaintiff by using the vehicle. The decision made in writing, regardless of the aforementioned direction, was against the procedure and the law and required to be reversed ...). The case is about the request to replace the defective good with a new one. In the concrete case; It was determined by expert reports that the vehicle was faulty in manufacturing and that the fault could not be repaired despite numerous repairs; the court accepted this fact; this phenomenon has not been subject to reversal in the Chamber. Therefore, there is no conflict in the existence of the legal conditions announced. The problem is about how the plaintiff's claim should be ruled regarding the manufacturing faulty 1997 model vehicle. Although the consumer has requested the collection of the price in the petition of the product if the product is not replaced with a new one; In the following sessions, he only requested to replace the product with a new one. Taking this request into consideration, the court decided to replace the vehicle with a new one with the same quality of "0" km. This decision is in accordance with the legal regulations detailed above. It is not possible to talk about the existence of a provision contrary to the articles 381-388 of the Code of Civil Procedure numbered 1086. The old model of the vehicle cannot be shown as a reason for not meeting this request of the plaintiff who uses one of his legal optional rights. Law and regulation prioritize consumer choice; It does not impose any provision limiting the exercise of this right in case of exercise of the right to change. On the other hand, if the subject property is not found at the execution stage, it should not be forgotten that article 24 of the Execution and Bankruptcy Law has the possibility to be implemented. In addition, there is no provision for deducting the cost of use, either in the first form of Law No. 4077 or as amended by Law No. 4822.
After all; According to the mutual claims and defenses of the parties explained above in detail, the minutes and evidence in the file, the necessary reasons explained in the court decision, the absence of inaccuracy in the evaluation of the evidence, and especially the legal regulations that examine the facts and contents determined, the decision of resistance found in accordance with the procedure and the law must be approved.
Court of Cassation 18.9.2006, 6251/11865
“… The plaintiff filed this lawsuit for the vehicle purchased from the defendant to be replaced with the same as the one without defects, stating that it was defective. In the expert report, it was stated that the vehicle was defective. The court has decided to deduct the utilization fee from the price paid for the vehicle, to collect 36,000 YTL and to return the vehicle to the defendant. There is no provision for deducting the cost of use, either in the first version of Law No. 4077 or as amended by Law No. 4822. This issue was clearly stated in the decision numbered 2005/309, 2005/391 of the General Assembly of the Court of Cassation. In this case, the court should decide to collect the invoice amount of 42.123.592.000 lira, while deducting the plaintiff's cost of using the vehicle is contrary to the procedure and the law and the reason for reversal.
Court of Cassation, 11.7.2016, E: 2015/21833, K: 2016/15781
“… 1-) The lawsuit is about the demand of the plaintiff to pay the loss of value in the apartment he bought due to the works specified in catalogs, projects and promotions presented during the sale, but not performed in accordance with these or performed incompletely. Since the plaintiff is a consumer, the regulation on the defect regarding consumer law is included in article 4 of the Law on the Protection of the Consumer (TKHK) No. 4077. In the first paragraph of the mentioned article; “The packaging on the label or in the manual or the dealer promised by the introduction and identified in the standard quality and/or quantity or purpose or which is contrary to the benefits expected from the consumer in terms of value or allocate it reduces or eliminates financial, legal, or economic deficiencies goods, defective goods or defective services is regarded as or that contains the service”. In the following paragraphs, formal conditions regarding this are listed. In the expert report based on the decision of the court; The loss of value due to the lack of construction of social facilities, open and closed children's playgrounds, social facilities, recreation terraces, gazebos and walkways specified in the contract made between the parties and its annexed technical specifications has been calculated and this value has been decided. As the second option in the aforementioned expert report, the social facilities and promotional materials specified in the technical specification were deemed valid and the loss of value due to the lack of facilities and equipment such as club istanbul, koza park, school and hospitals specified in the said materials was also calculated separately. As explained above, in accordance with the legal regulations, the seller is responsible to the consumer in terms of the promised issues in advertisements, advertisements, brochures and catalogs, as well as the contract and the attached specifications. In that case, the court should make an examination on defective or not done one by one in terms of all the issues specified in the promotional materials but not specified in the technical specifications, and the loss of value, if any, should be determined and a decision should be made according to the result. It is against the procedure and the law to make a written decision by the court only in terms of the issues specified in the technical specification and without making an evaluation of the promises in the promotional materials. It requires reversal…. "