Petition for Annulment of Consumer Arbitration Decision Regarding Refund of Credit Card Fees

TO THE ON-DUTY CONSUMER COURT
OF ANKARA

PLAINTIFF: … Bank Inc. (Tax Office: … – Tax Number: …)
Address: …
REPRESENTATIVE: Lawyer's Name and Surname – Address – Tel
DEFENDANT: Name and Surname – Address
VALUE OF: … TL
ARBITRATION COMMITTEE DECISION REQUESTED TO BE CANCELED: Decision dated …/…/… and numbered … issued by the Consumer Problems Arbitration Committee of the … Governorship regarding the defendant, who is a customer of the … Branch.

SUBJECT: This is a request for an interim injunction and subsequently the annulment of an unfair and unlawful arbitration board decision regarding the refund of credit card fees.

EXPLANATIONS:

1. The defendant began using a credit card under the Banking Services Agreement signed with our client bank on [date]. This agreement clearly stated that an annual credit card fee would be charged. However, the Consumer Arbitration Board ruled that the fee should be refunded to the defendant. This decision is contrary to legislation and established judicial practice.
2. The Consumer Arbitration Board's decision disregarded the contractual provisions and banking regulations governing the client bank's credit card fees. At the time the decision was made, the defendant had paid the credit card fee and continued to use the card. Furthermore, despite the client bank offering a fee-free credit card option, the defendant opted for the fee-bearing card. This situation unfairly prevents the defendant from claiming a refund of the fee.
3. The defendant attended the “Financial Literacy Seminar” organized by our client bank on … date and received comprehensive information about the credit card products offered by our bank. It is documented that in this seminar, credit card fees were evaluated within the framework of general practices in the banking sector and explained to consumers in detail. In light of this information, it is evident that the defendant's request for a refund of the fee stems entirely from a lack of information.
4. The defendant participated in our client bank's "Reward Credit Card Program" on [date]. Within this program, cardholders received various advantages and rewards despite paying an annual fee. The defendant's participation in this program demonstrates that the annual fee was balanced by the additional services and rewards provided by our bank. Therefore, it should be stated that the request for a refund of the annual fee is unjustified and the decision was made accordingly.
5. Our client bank boasts the highest customer satisfaction rate in the sector and conducts comprehensive feedback and evaluation processes for its credit products and services. It should be considered that the defendant benefits from these high standards and therefore receives value for the membership fee. It is clear that the decision does not align with the quality and customer service offered by our bank.
6. The defendant disregarded our bank's fee practices and relevant legislation in the Consumer Arbitration Board's decision, therefore the decision is unlawful. The decision must be annulled.

EVIDENCE:

1. Banking Services Agreement
2. The decision of the Consumer Disputes Arbitration Board regarding the case
3. The Supreme Court's 19th Civil Chamber's decision dated December 16, 2015, numbered 2015/14398 E.-2015/17074 K., the Bakırköy 1st Consumer Court's decision dated February 26, 2015, numbered 2014/2355 E., 2015/283 K., and the Supreme Court's 13th Civil Chamber's precedent decisions regarding the legality of credit card fees
4. Regarding fees and commissions for banking transactions, my client Bank has published a table at all its branches and an announcement on its official website regarding account maintenance fees
5. Brochures and informational letters sent to the defendant regarding fee-free credit card options
6. Expert examination to be conducted if deemed necessary
7. Oath and all legal evidence

LEGAL GROUNDS: The Consumer Protection Law and related legal regulations.

REQUEST AND CONCLUSION: For the reasons stated above and in accordance with the precedents court decisions included in the annex to our petition;

1. The enforcement of the relevant Consumer Disputes Arbitration Board Presidency decision is suspended, and a preliminary injunction is issued in relation thereto
2. The decision of the Consumer Disputes Arbitration Board, which was given unfairly and contrary to procedure and law, should be revoked/annulled
3. On behalf of my client, the Bank, I respectfully request and demand that the court order the opposing party to bear the court costs and attorney's fees. …/…/…

Plaintiff's
Attorney's Name and
Surname