The Regulation on Consumer Arbitration Committees published on 21.09.2022 and the Regulation on Consumer Arbitration Committees published in the Official Gazette dated 27.11.2014 and numbered 29188 were repealed. With the new regulation published, the establishment and working procedures of consumer arbitration committees were regulated.
According to the Regulation;
- The monetary threshold for consumer arbitration committees that can be applied for disputes under 15,430 TL has been regulated as 30,000 TL. Thus, it is aimed to resolve many more disputes without resorting to litigation.
- For disputes exceeding 30.000 TL, the part exceeding the limit can be waived and an application can be made to the consumer arbitration committee.
- If an application is made to more than one consumer arbitration committee regarding the dispute with the same subject, reason and parties, the committee may consider pending ex officio or upon objection.
- The applications to be made to the consumer arbitration committees will be decided within six months at the latest, according to the date and order of the application, and the decision period may be extended for a maximum of three months, depending on the nature of the application.
- If there is a deficiency or inconsistency in the mandatory information required for the application, the chairman of the consumer arbitration committee may request additional information and documents from the applicant by giving 7 days.
- Pursuant to the Completion of the Decision provision, the parties may request the completion of the decision within 15 days following the notification of the final decision, in cases where no decision has been made regarding the requests in the first application.
- In the case of objection cases filed against the decisions of the consumer arbitration committees in favor of the consumer, if a decision is made against the consumer, the relative attorney’s fee will be awarded. However, if the information or documents that are not submitted to the consumer arbitration committee are submitted at the stage of litigation, in case the decision is annulled, litigation expenses and attorney’s fees cannot be ruled against the consumer.
- In case of missing or inconsistent information in the application, the regulations regarding the request for additional information and documents from the applicant within 7 days by the head of the delegation and the procedure for the completion of the decision will enter into force on 01.01.2023. Other regulations will enter into force on 01.10.2022.