Legal protectıon of consumer rıghts ın turkey
Consumer rights are an integral part of general human rights, and their protection is one of the priority areas of state policy. At the same time, the number of cases on disputes on the protection of consumer rights remains invariably high, which indicates the demand for a judicial form of their protection.
In Turkey, consumer protection is guaranteed by the Constitution as well as by Law No. 4077 on Consumer Protection. If the consumer discovered defects in the goods, and they were not agreed by the seller, then he has the right to present a claim to the seller and solve the problem. The buyer in such situation has the right to a refund, exchange of goods for a similar one, a reduction in price, or free elimination of defects.
But sellers can be unscrupulous and, unfortunately, have to contact the competent authorities. Depending on the amount of damage, you can contact the Consumer Protection Commission, Consumer Protection Court or Civil Court.
What information should be included in a consumer protection claim?
the name of the authority to which the application is submitted;
the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by a representative;
the name of the respondent, his place of residence or, if the respondent is an organization, its location;
the essence of the violation of the rights, freedoms or legitimate interests of the plaintiff and his claims;
the circumstances on which the plaintiff bases his claims, and the evidence confirming these circumstances;
the value of the claim, if it is evaluted, as well as the calculation of the recovered or disputed sums of money;
information on the observance of the pre-trial procedure for contacting the defendant, if this is established by law or provided for by the treaty;
a list of documents attached to the application.
The application may contain telephone numbers, fax numbers, e-mail addresses of the plaintiff, his representative, defendant, other information relevant to the consideration and resolution of the case, as well as the petition of the plaintiff.
How to choose a court for consumer protection?
Recourse to the court and consumer protection cases are dealt with in the course of legal proceedings. A statement of claim is a written claim of the plaintiff to defendant, the consumer to seller, manufacturer or service provider.
At the choice of the consumer, a claim may be brought:
at the location of the defendant (seller, manufacturer, service provider);
at the place of residence or stay of the consumer;
at the place of conclusion or execution of the contract (sale of goods or provision of services);
at the location of the branch or representative office of the main organization (seller, manufacturer, service provider).
Thus, the consumer himself chooses the most convenient place for going to court.
Our lawyers have extensive experience in consumer protection. We protect the interests of not only Turkish residents, but also foreign citizens and stateless persons.