Assist. Prof. Dr. Cem Dinar: Complaints Encourage Manufacturers to Improve

Assist Prof. Dr. Cem Dinar of Yeditepe University's Law Faculty highlighted that the protection of consumer rights can only be ensured if consumers are aware of and pursue their rights as defined by the law. He also underlined that consumer complaints will prompt manufacturers to aim for better quality in their production.

Not a day goes by without us experiencing dissatisfaction or a grievance with a product or service. There are laws in place to protect us against these grievances. Consumer Protection Week, observed annually between March 15 and 21, reminds producers and consumers of their rights.

Following the proclamation of the "Universal Declaration of Consumer Rights" by the United Nations on March 15, 1985, the period starting each year on March 15 is celebrated as Consumer Protection Week. The first law to protect consumers in Türkiye, the Consumer Protection Law No. 4077, was published on March 8, 1995. With subsequent amendments, it took its current form in 2013 as Law No. 6502.
 

Shoes Lead in Consumer Complaints

According to data from the Ministry of Commerce, in the 28 years from 1995 to the present, approximately 17 million disputes were resolved by consumer arbitration boards without going to court. In 2023, a total of 727,630 applications were made to the Consumer Arbitration Boards, and decisions were made on 707,814 of these. The total monetary value of the applications decided by the consumer arbitration boards in 2023 was approximately 3.9 billion Turkish Lira.

About 12.5% of the total applications (90,918 applications) were related to shoes. This was followed by mobile phones with 5.29% (38,521 applications) and credit card membership fees with 5.26% (38,252 applications). Other complaint topics included clothing at 4.55% (33,093 applications), internet subscriptions at 4.35% (31,629 applications), furniture at 3.98% (28,952 applications), and GSM subscriptions at 2.61% (18,991 applications).

"Consumer Awareness Needs to Spread"

In remarks related to Consumer Rights Week, March 15-21, Assist. Prof. Dr. Cem Dinar, a Yeditepe University's Law School faculty member, reminded us that consumer rights were protected by the Code of Obligations regulations even before the Consumer Protection Law (CPL) publication. He highlighted that this law also contains provisions for the protection of consumers. Dr. Dinar underlined the crucial role of consumer complaints in driving improvements in the quality of goods and services. "The spread of social awareness among consumers is necessary. As a result, the implementation of the law will yield better outcomes. With every application, providers of goods and services will shift towards producing higher quality goods and providing better services. Therefore, the law's protection of consumers can only be maintained if they are aware of and seek their rights," he stated.

Filing a Complaint is Free of Charge

Dr. Dinar pointed out that in the event of any grievance, consumers could apply to the "Consumer Arbitration Board" or "Consumer Courts" without a fee. He mentioned that complaints filed with the Board are reviewed and decided upon within three months according to the date and order of application, while cases filed in Court are decided within six months in the same manner. Dr. Dinar provided the following information about the process:

• Applications to the Consumer Arbitration Board can be made in person at the Board closest to your residence or via e-government.
• You should present documents such as invoices, receipts, and inspection reports along with your application letter.
• For applications to the Consumer Arbitration Boards, in metropolitan municipalities, District Consumer Arbitration Boards are responsible for disputes under 6,920 Turkish Liras, while Provincial Consumer Arbitration Boards handle disputes between 6,920 and 10,390 Turkish Liras in metropolitan municipalities and disputes under 10,390 Turkish Liras in non-metropolitan-municipalities-.. However, consumers can still take these disputes to Consumer Courts if they are dissatisfied with the outcomes.
• Consumers can directly apply to the Consumer Courts if the dispute exceeds the specified amounts. The lawsuit filed will be decided within six months, according to the date and order of application.

Consumer Rights

Dr. Dinar listed the rights consumers have as follows:

• The right to withdraw from the contract by notifying the readiness to return the sold item,
• The right to retain the sold item and request a discount from the sale price proportional to the defect,
• The right to demand the free repair of the sold item, provided that it does not entail excessive costs, - with all expenses covered by the seller,
• The right to request the replacement of the sold item with a non-defective equivalent (another item), if possible.
• Consumers can exercise the rights to repair and replacement of the item with a non-defective one against the manufacturer or importer.
• Similar elective rights are available under the Turkish Code of Obligations, and consumers can exercise them.
• According to the elective rights regulated by Article 15 of the CPL, consumers can choose among the rights to have the service performed again, free repair of the product resulting from the service, a discount from the fee proportional to the defect, or withdrawal from the contract.
• In addition to these rights, consumers may also claim compensation under the Turkish Code of Obligations.
• Beyond all these, consumers can withdraw without stating any reason or paying a penalty within seven days. If the product in question is under a consumer credit contract, the period for the right of withdrawal is fourteen days.
• If a contract made with a consumer contains unfair terms, the contract will be valid without those unfair terms.
• The terms of the contract must be expressed in clear and understandable language for the consumer.