The Regulation on the Consumer Arbitration Committees has been published with the Official Gazette dated 21 September 2022 and numbered 31960. The amendments which will come into force with the Regulation are submitted for your information below.
The provisions of the Regulation which will come into force by the date of 1 January 2023 are as stated below:
- In accordance with the Article 11/Paragraph 5 of the Regulation, if there is a deficiency or a contradiction regarding the mandatory information for the application, an extension of time for 7 days will be granted to the applicant for submitting additional information and documents.
- Pursuant to the Article 26 of the Regulation, with respect to the matters that have not been adjudicated, each of the parties can request for the clarification of the decision given by the consumer arbitration committee in 15 days from the receipt of the final decision.
By the date of 1 October 2022, except the provisions mentioned above, the remaining provisions of the Regulation will come into force, while The Regulation on the Consumer Arbitration Committees which was published with the Official Gazette dated 27 November 2014 and numbered 29188 will be repealed. The Provisional Article 1 of the Regulation provides that the provisions of the new Regulation will be applied to the applications pending before the consumer arbitration committees.
While the monetary limit for the application to the consumer arbitration committees is being 15.430,00 Turkish Liras as of the date of this legal update, the relevant monetary limit is updated to 30.000,00 Turkish Liras and without prejudice to other applicable legal remedies, it will be compulsory to resort to consumer arbitration committees for the consumer disputes that are valued below the 30.000,00 Turkish Liras.
It bears importance for the persons who will commence the procedures of legal dispute resolution based on consumer transactions to take the provisions of the Regulation which will come into force at the dates of 1 October 2022 and 1 January 2023 into consideration while formulating their strategy for their claims.