Consumer Arbitration Committee or Consumer Court? | Execution Proceedings After the Decision

Consumer Arbitration Committee or Consumer Court? A Guide to Recovering Your Money

Did the phone you bought online turn out to be defective? Has the furniture you bought from a store not been delivered despite months passing, or did you pay an exorbitant course fee and not receive the promised service? Under today’s economic conditions, suffering an injustice and losing money on a defective good or service is a frustrating situation that can happen to any consumer.

Know Your Constitutional Rights, Don’t Leave Your Money Without Options!

Many consumers give up claiming their rights by saying, “It’s not worth the hassle for a few pennies” or “I can’t cope with big companies.” However, in Turkey, consumer law protects the citizen against the seller almost like a steel armor. Getting back every penny you paid, returning the product, or replacing it with a new one is entirely in your hands.

But should you apply to the Consumer Arbitration Committee or the Consumer Court while seeking your rights? What do you need to do to put your money in your pocket after winning the decision? Here is the golden guide that will directly bring proxy and save your money:

1. In Which Situations Do You Go to the Consumer Arbitration Committee?

Consumer Arbitration Committees (THH) are administrative boards that resolve disputes between consumers and sellers without going to court, cost-free and quickly.

• Monetary Limit Rule: Whether you can apply to the arbitration committee depends on the amount of damage you have suffered (dispute amount). It is mandatory to apply to the Consumer Arbitration Committee for all complaints that fall below the official monetary limit updated every year by the Ministry of Trade. For transactions below this limit, a lawsuit cannot be filed directly in court.
• What Are Its Advantages?: The application is completely free. You do not pay expenses such as court fees or expert fees. The process is usually finalized based on the file within a few months; no hearing is held.

2. In Which Situations Do You Go to the Consumer Court?

If the value of the defective good or service you purchased (for example, a brand-new car, a luxury white goods group, or a high-value timeshare contract) is above the annual monetary limit set by the ministry, your address is directly the Consumer Courts.

There are two vital points you need to pay attention to in Consumer Court processes:

• Mandatory Mediation: It is a legal obligation to apply to a mediator before filing a lawsuit in a consumer court. Only if an agreement cannot be reached with the seller at the mediation stage can the lawsuit process be initiated in court.
• Objection to Arbitration Committee Decision: If you find the decision of the Consumer Arbitration Committee unjust, you have the right to file an objection lawsuit in the Consumer Court within 15 days from the notification of the decision to you.

Comparison Table: Consumer Arbitration Committee vs. Consumer Court

Feature	Consumer Arbitration Committee (THH)	Consumer Court
Application Condition	Disputes below the determined annual monetary limit.	Disputes above the determined annual monetary limit.
Cost / Expense	Completely free; no expenses are taken.	Fees and trial expenses apply (The losing party pays).
Mediation Condition	Not required; direct application is made.	It is mandatory to go to a mediator before filing a lawsuit.
Decision Time	Usually concludes between 3 to 6 months.	May take longer depending on court caseload.

3. What Should Be Done After the Consumer Arbitration Committee Decision? (The Most Critical Stage to Recover Your Money)

WARNING: The biggest misconception that many citizens fall into is this: “The arbitration committee accepted my case, the decision is out, my money will automatically be deposited into my bank account.”

Unfortunately, the process does not work that way! Consumer Arbitration Committee decisions legally have the power of a court writ (decision). However, the issuance of the decision does not mean that the seller will spontaneously pay you money. Many cunning companies ignore the arbitration committee decision and do not make the payment so that the consumer gives up chasing it.

It Is At This Stage That You Must Initiate “Execution Proceedings With Writ” With Attorney Support! If the seller does not refund the money when you receive the arbitration committee decision, the only thing to do is to take the decision to the execution office and initiate Execution Proceedings with Writ. The moment the execution proceeding starts, an official execution order is sent to the seller company. If the debt is still not paid, an attachment is placed on the company’s bank accounts, the goods in its shop, or its assets. Moreover, all expenses of this execution proceeding and the attorney’s fee are loaded onto the seller company that is in the wrong. In other words, no extra money comes out of your pocket.

Don’t Leave Your Rights to the Seller: Contact Us

Although consumer law seems easy at first glance; tracking prescriptive periods, professionally managing mediation negotiations, issuing legal warnings about the defect, and especially the execution proceedings to be opened to collect the money after the arbitration committee decision require expertise. An incorrect application or a missed 15-day objection period can cause you to fall into an unjustified position while you are right and result in your money remaining in the seller’s safe.

As NS Law and Consultancy; we defend consumers’ rights to the end in disputes over defective vehicles, housing, electronic goods, package tours, and all kinds of distance sales (internet shopping). With the confidence provided by over eight years of experience, we make your arbitration committee applications completely, manage your mediation processes, and collect your money from the seller along with legal interest by quickly putting the decisions we win into execution.

To put an end to your grievance, entrust your rights to a professional team, and securely get your money back, you can make an appointment through our communication form without wasting time.