Natural or legal persons who benefit from products or services for need are generally defined as “consumers”. Consumer law is a broad concept that includes laws, regulations and legal issues aimed at protecting the rights of consumers who are natural or legal persons. Many consumer-oriented issues, from the application to the Consumer Arbitration Committee to consumer lawsuits, fall under the field of consumer law. So what is a consumer? What is the Consumer Arbitration Committee and what does it do? How to apply for Consumer Arbitration Committee? You can review our article for answers to these and similar questions!
What Is a Consumer?
Consumer law refers to the legal procedures that protect consumers who are natural or legal persons. So what is a consumer? Consumer; It is a term that refers to people who buy a product or service and use or consume them. In short, they are the people who benefit from the product or service according to their needs.
What Is Consumer Law?
Consumer law is the branch of law that covers the regulations aimed at protecting the rights, economic interests and health of consumers. According to a different expression, consumer law; It is a legal framework that focuses on the rights of consumers. It deals with issues such as preventing the damages that may be incurred by the consumers and compensating the damages they have suffered due to various reasons. This branch of law, which enables the creation of protective and educational policies regarding consumer rights, also contributes to the encouragement of real and legal persons in this direction. Consumer law, which aims to protect consumer rights in a very broad framework such as creating consumer awareness, learning about the rights of the consumer, applying to the relevant authorities about products or services that threaten health; It includes principles and practices that aim to protect the rights of consumers in many issues such as making an application to the Consumer Arbitration Committee, filing a lawsuit for pecuniary and non-pecuniary damages, and taking precautions to protect consumer health.
What Is Consumer ArbItratIon CommIttee, What Does It Do?
Disputes between consumers and sellers have become especially common nowadays. One of the biggest reasons why this situation has become common is the increase in online shopping. Various legal mechanisms have been established to protect consumers who are victimized by encountering defective products due to products or services sold with different business models, especially e-commerce. The most important of these mechanisms is the Consumer Arbitration Committee. So, what is the Consumer Arbitration Committee?
The Consumer Arbitration Committee, or with its short name “CAC”, is the legal authority applied before the litigation for the resolution of disputes between the consumer (buyer) and the seller. The buyer (consumer) victimized by a seller who sells a defective product or service can apply to the Consumer Arbitration Committee if the victimization is not resolved. Focusing on the protection of consumers’ rights, the Consumer Arbitration Committee is a highly functional authority that ensures the elimination of disputes or grievances. Decisions of the Consumer Arbitration Committee are decisions that directly bind the buyer and the seller, and these decisions must be fulfilled by the parties. In the event that the decisions made by the Consumer Arbitration Committee are not fulfilled by the parties, the process of “proceedings of execution” is started based on these decisions.
Some other issues to know about the Consumer Arbitration Committee are as follows;
- The principles regarding the Consumer Arbitration Committee are regulated in the Law No. 6502 on the Protection of the Consumer.
- Consumer Arbitration Committee is divided into two as provincial and district arbitration committees.
- A chairman, four members and a rapporteur are assigned within the Consumer Arbitration Committee.
- Decisions of the Consumer Arbitration Committee are open to objection. Appeals against the decisions of the Consumer Arbitration Committee are made to the consumer courts.
How to Apply for Consumer ArbItratIon CommIttee?
Consumers, who are victims for any reason, can apply to the Consumer Arbitration Committee and request the elimination of their grievances. The Consumer Arbitration Committee application is made to CAC at the place of residence of the consumer. In places where there is no Consumer Arbitration Committee, where to make CAC applications is determined by the regulation to be decided by the Consumer Arbitration Committee. So, how to apply to the Consumer Arbitration Committee? The petition for the Consumer Arbitration Committee can be made in person, by mail or via e-Government. The petition regarding the dispute and the evidence to prove the victimization of the consumer should also be submitted in the appendix of the Consumer Arbitration Committee application. The application of the Consumer Arbitration Committee is finalized within six months at the latest. Depending on the situation of the dispute, CAC may extend the decision period for a maximum of six months.
What Is the RIght of WIthdrawal?
The right of withdrawal is a regulation applied to protect consumer rights. Accordingly, the consumer has the right to unconditionally return a purchased product within 14 days. This right of the consumer, which is protected by law, is called the “right of withdrawal”. Although the right of withdrawal is determined as 7 days in some cases in the law, in general, the consumer is given the right to withdraw within 14 days in e-commerce sales or online shopping.
The situations in which consumers have the right of withdrawal are as follows;
- Distance contracts,
- Prepaid housing sales contracts,
- Installment sales contracts,
- Consumer loan agreements,
- Timeshare and long-term vacation service contracts,
- Distance contracts related to financial services,
- Contracts established outside the workplace…
CKAY Law FIrm Consumer Law Services
CKAY Law Firm provides professional support in legal processes involving consumers. CKAY staff are competent in laws and regulations covering consumer principles such as the Law on the Protection of the Consumer, the Code of Obligations and the Commercial Code. It provides solution-oriented services in cases heard in Consumer Arbitration Committee and consumer courts.
Some of the services provided by CKAY Law Firm regarding consumer law are as follows:
- Examination and follow-up of consumer law legislation,
- Consumer Arbitration Committee applications and other transactions,
- Developing legal solutions to consumer complaints,
- Mediation between the seller and the buyer,
- Connecting the peace talks to the protocol,
- Resolution of disputes arising from defective goods or defective services,
- Resolution of disputes in consumer and commercial courts.
- Litigation and follow-up in consumer court for the resolution of disputes in matters exceeding the monetary limits of CAC,
- According to the Law on the Protection of the Consumer, negotiation negotiations on withdrawal from the contract, asking for a discount on the sales price, free repair and replacement of the defective product with the same, in case the product or goods purchased from the seller are found to be defective,
Contact now to benefit from the services of CKAY Law Firm’s expert legal staff to protect consumer rights!