Supreme Court: Consumer court has jurisdiction in the case of deletion of vehicle damage information

The person, who applied to the relevant insurance company more than once to delete the record, stating that he was not involved in an accident with his vehicle, filed a lawsuit at the Istanbul Anatolian 7th Commercial Court of First Instance after his request was not met.

The local court decided to accept the case, and therefore delete the SISBIS record, on the grounds that the vehicle owner's signature was not included in the accident report, there was someone else's name as the driver in the report, there was no photograph of the accident vehicle, and there were circumstances needing confirmation.

After the decision was finalized, the Ministry of Justice requested an annulment in the interest of law on the grounds that it was contrary to the law on the part of the competent court.

The 4th Civil Chamber of the Supreme Court of Appeals, which reviewed the appeal, overturned the local court decision in the interest of law, without affecting the outcome.

In the decision, it is reminded that the Turkish Commercial Code No. 6102 includes regulations on insurance law, and in the Consumer Protection Law No. 6502, "The fact that there is a regulation in the laws regarding transactions in which one of the parties is the consumer does not prevent this transaction from being considered a consumer transaction and the provisions of this law regarding duties and powers from being implemented." It was stated that the provision was included.

In the decision stating that, in accordance with the aforementioned regulations, the Turkish Commercial Code cannot be applied in the case in question, "For the reasons explained, in accordance with Article 73 of the Law on Consumer Protection No. 6502, the duty to hear this case belongs to the consumer court." It was said.

Source: TRT Haber Açık RSS (Gündem) (Open Press / Translated Full Text)