REPUBLIC OF TÜRKİYE COURT OF CASSATION 13th Civil Chamber
Basis No: 2016/10627
Decision No: 2018/3284
Date: 19.03.2018
SUBJECT: Action for Receivable – Determination that the place of resolution is the Consumer Courts, not the Consumer Arbitration Committees, considering the amount claimed – Necessity to examine the merits of the case.
S U M M A R Y
Although the local court dismissed the case due to the lack of a procedural condition (dava şartı) pursuant to Article 68 of Law No. 6502, it is understood that Law No. 6502, which entered into force on 28.05.2014, was not in effect on the date the lawsuit was filed (26.05.2014).
Therefore, the provisions of the former Law No. 4077 must be applied. Accordingly, considering the amount requested in the lawsuit (1,987.00 TL), the place of resolution for the dispute is the Consumer Court, not the Consumer Arbitration Committees. Consequently, the merits of the case should have been examined. Dismissing the case on procedural grounds is a cause for reversal.
J U D G M E N T
The plaintiff requested the refund of 1,987.00 TL deducted under various names due to a loan utilized. The defendant bank requested the dismissal of the case.
The local court dismissed the case on procedural grounds, stating that the amount fell within the mandatory limit for application to the Arbitration Committee under Law No. 6502. However, since the lawsuit was filed two days before the new law came into effect, the jurisdictional limits of the previous law (Law No. 4077) apply. Under the old regulation, this amount exceeded the Arbitration Committee’s limit and fell under the jurisdiction of the Consumer Court.
CONCLUSION: It was UNANIMOUSLY DECIDED on 19.03.2018 to REVERSE (BOZULMASINA) the judgment.