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BOARD OF ARBITRATORS FOR CUSTOMER’S COMPLAINTS
BOARD OF ARBITRATORS FOR CUSTOMER’S COMPLAINTS
The Board of Arbitrators for Customers’ Complaints is a reconciliatory board that has been established within the Turkish Participation Banks’ Association for the assessment and solution of the disputes between the individual customers of the participation banks and these banks.
Such complaints of individual customers as took place as after the date 01/09/2007 and have not yet been solved although they applied to the concerned participation bank are within the coverage of the Board’s tasks.
WHO CAN REFER TO THE BOARD?
As the activities of the Board of Arbitrators cover all kinds of individual banking transactions which are concerned with real-person bank customers not related to the commercial transactions, only real persons may apply to the Board of Arbitrators.
ON WHAT ISSUES CAN APPLICATIONS BE MADE?
The Board of Arbitrators examines complaints and disputes concerning all kinds of individual banking transactions that are not related to commercial transactions, current and PLS accounts, individual credits, credit cards, ATM cards, etc.
The following complaints shall not be examined by the Board of Arbitrators:
- those complaints that are related to any disputes that had taken place before 01/09/2007;
- those complaints that arise from commercial fund utilizations by banks;
- complaints of general character concerning banks and the services offered by them;
- such complaints as have been carried to the court;
- those complaints that have been solved between the customer and the bank;
- any complaints adopted by a bank for which decision has been taken for bankruptcy or liquidation;
- complaints regarding indictable offences.
IN WHAT PERIODS CAN APPLICATIONS BE MADE?
Applications to the Board of Arbitrators are to be made by filling in the Complaint Form:
- by the customer;
- if the reply by the bank’s general management or the branch thereof is not found sufficient, within thirty days following the receipt of the reply;
- in case of no-reply, within thirty days following the expiry of this period;
- in case of forces majeuers, within a year;
In the calculation of the period of application to the Board, if a complainant applied to the general management or the concerned branch thereof on different dates, the date of the first application shall be taken as basis.
The following complaints are excluded from the coverage of the Board’s tasks:
- Those complaints that have not been conveyed to the Board within thirty days following the date of the reply by the bank’s general management or the concerned branch or within thirty days after the expiry of the period for reply;
- Such complaints as have not been conveyed to the Board within one hundred and twenty days following the cognizance by the complainant of the transaction or action subject to the complaint or the loss that has been caused thereby;
- In any case whatsoever, those complaints that have not been conveyed to the Board within a year following the date whereon the transaction or action or the loss caused thereby happened.
WHERE TO MAKE APPLICATIONS?
A complainant should first refer to his/her bank as regards to his/her complaint.
If complaints are directly submitted to the Board but not to the general management of the bank or the concerned branch thereof, such complaints shall be directed by the secretariat to the general management of the concerned bank so that the reply can be informed to the complainant. The period for the assessment of the application and the legal periods for the following transactions shall be calculated as at the date whereon the complaints were received by the concerned bank.
The Board’s task shall have terminated for such complaints as were carried to the court after they had been referred to the Board. A complaint that has been taken to jurisdiction shall be notified to the Board by the complainant or the concerned bank. The Board’s examination of any complaints shall not stop the legal period restrictions as to the parties’ litigation at the court or commercial arbitrationor the case’s being transferred to the court or commercial arbitration.
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CUSTOMER COMPLAINTS A.C. 
