What is a Consumer Court? What kinds of cases does it handle, and how does the litigation process work?

Entrance

Today, individuals engage in various legal transactions as consumers in almost every aspect of their daily lives. From grocery shopping to purchasing electronic products, from banking services to insurance contracts, from online shopping to home sales, many transactions fall under the scope of consumer law. With the advancement of technology and the widespread adoption of e-commerce, the number of consumer transactions is increasing every day; consequently, the variety of disputes between consumers and sellers or providers is also growing.

The most common disputes in practice include defective products, non-delivery, failure to repair under warranty, failure to provide services promised in the contract, or the charging of unfair fees to the consumer. To resolve such disputes, Turkish law has established special regulations to protect consumers, and Consumer Courts have been created, distinct from general courts.

Consumer Courts are specialized courts tasked with handling disputes arising from consumer law, aiming to more effectively protect consumer rights. In cases heard before these courts, not only general legal principles but also the fact that the consumer is the economically weaker party is taken into account. Thus, the goal is to strike a balance between the consumer and the seller or supplier.

This article will detail the jurisdiction of the Consumer Court, the types of cases it handles, how consumer status is determined, the conditions for filing a lawsuit, the competent and authorized court, and the judicial process.

What is a Consumer Court?

The Consumer Court is a specialized court tasked with resolving disputes arising under Law No. 6502 on the Protection of Consumers . Unless otherwise specified in the law, cases arising from consumer transactions or practices directed at consumers are heard in Consumer Courts

The primary purpose of these courts is to resolve legal disputes between consumers and sellers or suppliers in accordance with the specific principles of consumer law. The legislator, recognizing that consumers are often in a weaker position economically and legally, deemed it appropriate for these disputes to be heard in specialized courts.

Consumer Courts not only resolve disputes but also ensure the protection of consumers' rights guaranteed by law. In this respect, Consumer Courts are one of the most important judicial safeguards of consumer law.

Who is the Consumer?

For a dispute to be heard in Consumer Court, at least one of the parties must have the status of a consumer

According to Law No. 6502, a consumer is a natural or legal person acting for non-commercial or non-professional purposes.

This definition is quite important because the same good or service can be purchased by different people for different purposes. For example, if a person buys a refrigerator for use in their home, they are considered a consumer. In contrast, a business that buys the same product for use in its restaurant is, as a rule, not considered a consumer because it is acting for commercial purposes.

Therefore, determining which court will hear the dispute depends not only on the goods or services purchased, but also on the purpose for which one party acted during the transaction.

What is a Consumer Transaction?

The concept of a consumer transaction also plays an important role in determining the jurisdiction of the Consumer Court.

According to the law, a consumer transaction is any contract and legal transaction established between consumers and persons acting for commercial or professional purposes in the markets for goods or services, including public legal entities, and contracts for works, transportation, brokerage, insurance, agency, banking, and similar agreements.

As this definition indicates, not only product sales but also many service contracts can fall within the scope of consumer law. For example;

• Personal loan agreements made with the bank,
• Private school contracts,
• Internet subscriptions,
• Mobile phone subscriptions,
• Cargo services,
• Holiday packages,
• Insurance contracts,
• Sales of home appliances and electronic products,
• Furniture sales contracts,

It can be considered a consumer transaction if the appropriate conditions are met.

However, not every dispute automatically falls within the jurisdiction of the Consumer Court. For this to happen, the transaction must genuinely qualify as a consumer transaction.

Why were Consumer Courts established?

The relationship between the consumer and the seller or supplier is often not established on equal terms. It is generally accepted that consumers are in a weaker position, particularly compared to large companies, in terms of information, economic power, and legal access.

Therefore, the legislator has introduced special regulations to protect consumers and created specialized courts to ensure the enforcement of these rules.

Thanks to Consumer Courts;

• Disputes relating to consumer law are heard in specialized courts.
• The consumer protection provisions of the law are effectively implemented.
• The aim is to prevent unlawful practices by sellers and suppliers.
• The protection of consumer rights is strengthened.

In this respect, Consumer Courts are not only courts where individual disputes are resolved, but also an important part of the legal system aimed at protecting consumers.

What types of cases does the Consumer Court handle?

Consumer Courts have a very broad scope of jurisdiction. Many disputes arising from consumer transactions, falling under the scope of Law No. 6502 on the Protection of Consumers, are heard in these courts. However, for a case to be brought before a Consumer Court, the dispute must first be of a consumer nature.

In practice, the most common types of cases seen in Consumer Courts are disputes arising from defective goods and services, requests for termination of contracts, requests for refunds, issues covered by warranties, banking transactions, timeshare contracts, and disputes arising from subscription contracts.

Lawsuits Arising from Defective Goods and Services

One of the most important areas of responsibility for Consumer Courts is disputes arising from defective goods and services.

Defective goods refer to products that, at the time of delivery to the consumer, do not possess the characteristics agreed upon between the parties or do not provide the benefit that the consumer can reasonably expect for their intended use.

For example;

• The phone malfunctioning shortly after purchase,
• Finding a manufacturing defect in the newly purchased vehicle,
• Delivering furniture that is defective or incomplete,
• The electronic product not having the promised features,

In such situations, consumers can exercise their optional rights arising from the law.

Among the rights a consumer has in the face of defective goods are:

• Requesting that the sold item be replaced with a faultless equivalent
• Request free repair
• Requesting a price reduction,
• Requesting a refund by withdrawing from the contract

It is located there.

If the seller or supplier fails to fulfill these requests of the consumer, the dispute may be heard in the Consumer Court.

Lawsuits Arising from Consumer Contracts

Consumer transactions are not limited to the sale of goods. Today, many service relationships are also considered within the scope of consumer contracts.

Especially;

• Internet subscriptions,
• Telephone subscriptions,
• Special education services,
• Healthcare services,
• Holiday and accommodation services,
• Gym memberships,

Various disputes can arise between consumers and service providers in areas such as these.

For example, consumers can exercise their rights if their internet provider fails to provide the service specified in the contract, charges unfair fees, or fails to properly deliver the service.

Lawsuits Arising from Banking Transactions

Many transactions between banks and consumers can also be evaluated within the scope of consumer law.

Especially;

• Consumer loans,
• Home loans,
• Credit card agreements,
• Unjustly collected fees,
• Insurance-related loan transactions,

This is among the areas of dispute frequently encountered in practice.

However, it is important to note that the transaction must have been carried out for consumer purposes. Loans used within the scope of commercial activities or financial relationships between businesses do not always fall within the jurisdiction of the Consumer Court.

Disputes Arising from Distance Contracts

With the rise of online shopping, disputes arising from distance contracts have also gained significant importance.

Purchases made by consumers via website, telephone, or similar means without visiting a store can be considered distance contracts.

In such contracts, the consumer has the right to:

• Right of withdrawal,
• Timely delivery of the product,
• Ensuring the correct product is sent,
• Refund,

It aims to protect against issues such as these.

If the seller violates the consumer's legal rights, the dispute can be brought before the Consumer Court.

Lawsuits Arising from Timeshare and Package Tour Contracts

One of the major disputes heard in Consumer Courts concerns timeshare and package tour contracts.

Legal problems can arise, particularly when there are discrepancies between the information consumers are given during the contract signing process and the service they actually receive.

For example;

• Failure to provide the accommodation conditions specified in the contract,
• The service not being provided at all,
• Encouraging consumers to enter into contracts based on misleading information,

In such cases, consumers can resort to legal action.

Disputes that do not fall within the jurisdiction of the Consumer Court

Not every purchase of goods or services is considered a consumer transaction. Therefore, some disputes are heard in general courts of jurisdiction, not consumer courts.

For example;

• Buying and selling for commercial purposes,
• Contracts between merchants,
• Transactions carried out by businesses within the scope of their commercial activities,

It is generally not considered within the scope of consumer law.

For example, a dispute arising from a machine purchased by a company for use in its production activities may not be considered a consumer transaction. In this case, the competent court is determined according to different rules.

Since whether the court has jurisdiction is a matter of public order, it may be considered by the court ex officio at any stage of the proceedings.

The Difference Between the Consumer Arbitration Board and the Consumer Court

There are two main ways for consumers to seek redress for their rights: the Consumer Arbitration Board and the Consumer Court.

Consumer Arbitration Boards are administrative appeals bodies established to resolve consumer disputes within certain monetary limits. For disputes involving lower amounts, consumers may first need to apply to an arbitration board.

In contrast, Consumer Courts are judicial bodies that examine and decide on broader disputes in the capacity of a court.

The main differences between the two institutions can be summarized as follows:

• The Consumer Arbitration Board deals with a more limited number of disputes.
• The Consumer Court conducts judicial proceedings.
• Court decisions are binding and subject to appeal.
• Appeals against arbitration panel decisions can be made under certain conditions.

Therefore, the legal course of action to be followed should be evaluated according to the nature of the dispute and current legislation.

Things to Consider Before Filing a Lawsuit

In consumer disputes, accurately determining the legal nature of the case before filing a lawsuit is crucial, as not all disputes are subject to the same legal rules.

Firstly;

• Whether the transaction is a consumer transaction or not,
• Whether or not they have consumer status,
• What legal grounds the dispute is based on,
• What rights can be exercised?
• Whether the necessary evidence is available,

It should be evaluated.

Keeping documents such as invoices, contracts, warranty certificates, service records, payment documents, and correspondence is particularly important for consumers to be able to prove their claims.

How does the litigation process work in Consumer Court?

Cases heard in Consumer Courts, like other civil cases, are conducted according to specific procedural rules. However, due to the unique nature of consumer law, these cases also include special regulations aimed at protecting consumers.

The litigation process generally consists of the following stages: identifying the dispute experienced by the consumer, preparing the necessary documents, submitting the lawsuit petition, gathering evidence, and the court making a decision.

Before filing a lawsuit in the Consumer Court, it must first be assessed whether the dispute falls within the scope of a consumer transaction. Filing a lawsuit in the Consumer Court on a matter outside its jurisdiction may lead to jurisdictional issues during the trial process.

Preparing the Lawsuit Petition

In consumer court cases, the lawsuit petition is of great importance. The petition should clearly state the parties' information, the subject of the dispute, the events leading up to the conclusion of the case, the consumer's claim, and the legal grounds for the claim.

In particular, it should be clearly stated why the consumer was harmed, which obligation the seller or provider failed to fulfill, and what kind of court order is being sought.

For example, in a lawsuit filed due to a defective product;

• When was the product purchased?
• What is the defect in the product?
• Which applications were made to the seller?
• The seller did not resolve the issue
• Which optional right the consumer wishes to exercise,

It should be explained in detail.

Incomplete or poorly prepared lawsuit petitions can prolong the litigation process or make it difficult for the consumer to prove their claims.

The Importance of Evidence in Consumer Cases

In consumer courts, as in other civil cases, claims must be proven. The consumer must present evidence of the harm suffered and the unlawful conduct of the other party.

Depending on the nature of the dispute, the types of evidence that may be used include:

• Sales invoice,
• Contracts,
• Warranty documents,
• Service records,
• Payment receipts,
• Email and text message correspondence,
• Photos and videos,
• Expert examination,
• Witness statements,

It may be included.

Expert reports play a crucial role, particularly in disputes requiring technical examination. For example, in disputes concerning electronic products, vehicles, or goods with specific technical characteristics, the court may request an expert examination to determine whether the product is defective.

Consumer Rights in Defective Product Cases

Defective goods are those that, at the time of delivery to the consumer, do not possess the characteristics agreed upon by the parties or do not meet the consumer's legitimate expectations in terms of their intended use.

Consumers who encounter defective goods can exercise the optional rights granted to them by law.

These rights generally include the following:

Replacement of Sold Goods with Defective Identical Items

The consumer can request that the defective product be replaced with a new, fault-free product of the same specifications.

Request Free Repair

You may request that the product be repaired and made usable again. This right is frequently exercised, especially with products under warranty.

Request for Price Reduction

If a defect reduces the value of the product, the consumer may request a suitable discount from the purchase price.

Termination of Contract and Refund

If the defect is significant or if other alternative options do not provide a satisfactory solution for the consumer, the consumer may withdraw from the contract and request a refund of the amount paid.

Which consumer right to exercise will be assessed based on the nature of the product, the severity of the defect, and the specific circumstances of the case.

Seller and Supplier Responsibility

In consumer law, one of the fundamental obligations of sellers and providers is to offer the consumer goods or services that conform to the contract.

Sales person;

• The product must be free from defects
• Providing consumers with accurate information,
• Fulfilling warranty and after-sales service obligations,

is obliged to provide.

Similarly, service providers must deliver the promised service properly.

For example, a private educational institution may be liable if it fails to provide the services specified in the contract, an internet provider may consistently fall short of the promised service quality, or a technical service may fail to repair the product properly.

Statute of Limitations in Consumer Disputes

In consumer law, limitation periods can vary depending on the type of dispute. Therefore, the applicable period must be assessed separately for each case.

Particularly in disputes arising from defective goods and services, it is important to consider the time limits stipulated by law. Consumers' rights may be restricted if they are not exercised within the prescribed time limit.

Therefore, it is important for consumers to seek legal review for any problems they experience without delay.

The Importance of Expert Examination in Consumer Courts

In some consumer disputes, technical expertise may be required for the court to reach a decision. In such cases, an expert examination may be necessary.

Especially;

• Manufacturing defects in vehicles,
• Electronic product malfunctions,
• Construction and housing disputes,
• Technical service issues,

In fields such as these, expert reports play a crucial role in shaping the decision.

The expert witness provides a technical assessment of the disputed matter and submits a report to assist the court. However, the expert witness report is not definitively binding on the court; the judge makes a decision by evaluating all the evidence together.

Conclusion

Consumer Courts are important judicial bodies established to protect the rights of consumers against sellers and service providers. With the diversification of shopping and service relationships today, consumer disputes are also increasing, thus highlighting the growing importance of consumer law.

Consumers have legal rights in many areas, including defective products, services contrary to contracts, banking transactions, subscription agreements, and distance sales. However, for these rights to be exercised effectively, the dispute must be properly assessed, the necessary evidence prepared, and the legal process carefully conducted.

Consumer Courts play a fundamental role in the application of consumer law, striking a crucial balance between consumer protection and ensuring legal certainty. Therefore, knowing one's rights and the appropriate legal avenues in resolving legal issues is of paramount importance to consumers.