in Legal Success
| Reading Time: 2 Minutes
The Supreme Court Has Overruled The Consumer Court For The Benefit of The Law
As a result of the request of the Ministry of Justice, the Court of Cassation decided to reverse the decision of refusal from the procedure given about the dispute in the consumer court for the benefit of the law. The reason is that in the lawsuits filed by the parties, the reasons for the lawsuit and the judgment clause of the first lawsuit differ from the result of the request of the second lawsuit.
In the concrete case; the plaintiff requested the cancellation of the decision of the Karabaglar District Consumer Arbitration Committee dated 20/07/2018 and numbered 2018/58520180002699; the decision of the Presidency of the Arbitration Committee dated 22.04.2016 and numbered 2016/3578 requested to be annulled and the 8th Consumer Court of Izmir Karabaglar District Governorate THH. It is understood that the decision of the Presidency dated 22.04.2016 and numbered 2016/3578 was corrected and approved.
Although the court made a final decision on the acceptance of the case with the decision of the 8th Consumer Court of Izmir, where the plaintiff filed a lawsuit regarding the same request, with the decision numbered 2016/811-2017/467, the consumer demanded the refund of the file cost collected due to the consumer loan containing the same request. It has been decided to reject the case on the grounds that the said case filed by the Arbitration Committee regarding the annulment of the decision dated 20/07/2018 and numbered 2018/58520180002699 is repetitive.
In order to be able to make a final decision in the material sense; for the formally finalized judgment of one case to constitute a final judgment in material terms in another case, the reasons for the action of the parties and the judgment clause of the first case and the result of the request of the second case must be the same.
However, in this instance, the court determined that the Karabaglar District Governorate Consumer Arbitration Committee’s decision in case no. 2016/3578, dated April 22, 2016, should be upheld. In the concrete case, the cancellation of the decision of the Karabaglar District Consumer Arbitration Board dated 20.07.2018 and numbered 2018/58520180002699 was requested; in this case, considering that the condition of being the same as the judgment clause of the first case sought and the result of the demand of the second case to be considered a final verdict in Article 303 of the Code of Civil Procedure no. 6100, the court should enter into the merits of the case and make a decision based on the result, while the court decided to reject it due to the absence of the case requirement due to the final judgment. Because it is against procedure and law, the Ministry of Justice must accept the reversal request in order to benefit the law in this direction.
CONCLUSION: For the reasons explained above, with the acceptance of the request of the Ministry of Justice to reverse the decision in favor of the law, the decision to be overturned for the benefit of the LAW without being effective in the outcome, in accordance with the third paragraph of the same article; it was unanimously decided on 12.09.2022 that a copy of the reversal decision and the case file be sent to the Ministry of Justice to be done accordingly.
Click here for other Supreme Court decisions.