What is a Consumer Court?
The consumer court is a court of law, which is responsible for dealing with consumer transactions and all cases related to the consumer. The consumer court is the first-instance court as a special court.
Consumer courts have been established with the Law on the Protection of Consumers with the number 6502. Individuals authorized to file a lawsuit in the consumer court are designated as ”consumers“, ”consumer organizations“ and “Ministry of Customs and Trade Tüketici. The lawsuits filed by the Ministry, consumers and consumer organizations before consumer courts are exempt from fees.
The civil courts responsible for handling private civil cases are generally divided into three:
Court of First Instance,
Special Courts (such as the Consumer Court, the Court of First Instance, the Court of Intellectual and Industrial Property Rights, the Family Court, the Cadastral Court, etc.).
The first-instance court and the magistrates’ court are the two main courts responsible for dealing with private law disputes. The duty of the civil court of first instance, which is one of the general courts, is the duty of the court of justice. All proceedings and works which are not notified in a magistrates’ court with a special law provision shall be seen in a civil court. If it is recognized that a specific court of jurisdiction is clearly designated for a particular type of dispute in the law, the court assigned to settle the dispute is the special duty court designated by the law. The consumer court is established under a special law, Law No. 6502 on Protection of Consumers. The courts established to look for conflicts between certain persons or to look at certain types of disputes are called special-duty courts. The relationship between private and generalized courts is a task relationship.
What is Consumer? What Does the Consumer Process Mean?
The consumer court is responsible for dealing with disputes in which at least one party is a consumer. All consumer transactions are pending at the consumer court. Consumer and consumer process concepts are described in the Law as follows:
Consumer: Consumer is a natural or legal person acting for commercial or non-professional purposes. Law No. 6502 protects the person who uses or consumes a ready-made good or service in his daily life. For example, a person is considered a consumer when he / she takes a razor to shave at home. When he buys the same razor to sell in his shop, he is not a consumer because he trades for commercial purposes.
Consumer Process: In order for a transaction to be accepted as a consumer transaction, one of the parties to the legal relationship must be a consumer and the other party is a vendor, a service provider or a real or legal person acting on their behalf. It is essential that the transaction between the parties is not made for a professional and commercial purpose for the consumer. Consumer transaction refers to any contract and legal transaction established between real or legal persons and consumers acting in the goods or services markets, including public legal entities, acting for commercial or professional purposes or acting on its behalf or account.
Limit of duty in cases in which the consumer court is responsible
The dispute must exceed a certain monetary value in order to be sued in the consumer court. If the dispute is below the limits of the consumer court, the consumer arbitration committee should be consulted. The monetary limits and procedures on the duty of the consumer court are renewed every year by the communiqués issued with the authorization given by Article 68 of Law No. 6502.
In applications for consumer arbitration committees for 2017, the monetary duty limit is as follows:
In case of disputes with a value below TL 2,400, district consumer arbitration committees should be consulted.
In provinces with metropolitan status, it is obligatory to apply to provincial consumer arbitration committees in disputes between TL 2,400 and TL 3,610.
Provincial provincial arbitral tribunals should be consulted in case of disputes in the centers of provinces with no metropolitan status below 3,610 TL.
Provincial provincial arbitral tribunals should be consulted in disputes between the cities of provinces not in metropolitan status between TL 2,400 and TL 3,610.
Any dispute over these values should be filed directly with the consumer court without resorting to consumer arbitration committees.
Consumer arbitration committees have to accept the applications made to them. Applications can be made to the consumer arbitration board where the consumer’s place of residence or consumer transaction is made. Consumer arbitration committees may request all kinds of information and documents related to the dispute from the parties, relevant institutions or organizations.
The decisions made by the provincial and district consumer arbitration tribunals bind the parties. It cannot be decided to pay a proxy fee by the consumer arbitration committees. The decisions of the consumer arbitration committee shall be fulfilled in accordance with the provisions of the Enforcement and Bankruptcy Law. The Parties may object to the consumer court in the place where the consumer arbitration committee is located within fifteen days from the notification date of the consumer arbitration committee. The decision of the consumer court on the appeal against the decisions of the consumer arbitration committee is final.
What are the duties of the consumer court?
In order for the consumer court to look at a case as a court of jurisdiction, within the aim of Law No. 6502, there must be a legal transaction between the parties defined in the law (between the consumer and the seller or the provider, etc.).
Except for personal needs of a good or service, the execution of a specific occupation, the use of a specific production, resale, renting, commercial use etc. As professional or commercial purchasers, such as those who can not be considered as consumers, the task of looking at the disputes arising in such transactions is not the consumer court, but the general courts.
Cases arising from the following contracts established between real or legal persons and consumers acting or acting for commercial or professional purposes are dealt with in the consumer court:
The proxy agreement,
And any kind of contract similar to the above contracts.