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The 15th Department of the Supreme Administrative Court abolishes the provision of the regulation regulating banks to receive money under the name of "service charge" of consumers
Procedure for Consumers on consumer issues (TUSODER) and Articles 10 and 13 of the BRSA Principles Regulation against the BDDK lodged a complaint against the State Council.
In the decision of the Supreme Administrative Court, the wages, expenses and commissions to be collected from the consumer are determined by the BRSA, the protection of the consumer and the spirit of the law.
It is stated in the judgment that there is no clear definition in the case law regarding the "account transaction fee", but in the defendant's BRSA motion for defense it is stated that this fee is accounted for as a fee resulting from the operation of the account. control and maintenance of records. "
In consideration of the fact that the tax is billed on the basis of the customer, regardless of the number of accounts, the number of accounts, the amount of the account, the number of transactions in the account , the defendant
In the judgment, the following assessment was made:
"The arrangement for the" operation fee of the account "which can not be clearly proven and motivated is governed by Law No. 6502, which serves as a basis for the 4 of 3 Regulation "
" It should be reasonable and justified. "
The Central Bank of the Communiqué requires banks and financial institutions to make decisions on the interests and interests of consumers, other than interest, on the basis of interest rates.
"It is undeniable that banks and financial institutions, which occupy an important place in modern society and economic life, are fundamentally financed by economically viable and sustainable economies. Thus, banks and financial institutions subject to public supervision and control are eligible under the legislation in which consumers may claim certain fees and charges, provided that they do not reflect only the costs incurred by the loans. consumption and are reasonable, justified and certified.
"The allocation tax should not be levied"
The 15th Department of the Supreme Administrative Court dismissed the petition for rescission of the "allocation tax," advance payment, payments to institutions and organizations "
in the vote of two judges who voted for the cancellation, it is stated in the vote of two judges that" the fees allocated by lending institutions to consumers can not be proved to be just, reasonable and documentable fees,
Deniz Öner, President of the Consumer Issues Association (TÜSODER), said that 4 years of experience
Suggesting that the operating costs of the account are not legal, Öner said: "I think it is a very good right. This can be evaluated. The more citizens can be heard, the better. "Proposes that citizens who want to buy money must order the following transactions:
" Citizens will require their receipts from banks if account transaction fees are cut in the last 10 years. Citizens can read the decision on the TÜSODER website. With this decision, they ask for a refund from the bank by writing a petition. Citizens can do it in many ways. They can write a petition, send a notary's notice, or they can ask for it with a registered contract. The vast majority of banks will reject it at the beginning.
"A cash advance can be paid"
In the decision that states that the tax allowance is determined among the taxes that may be required of consumers and that it n & # 39; There is no violation of the law,
Financial institutions are responsible for the costs of leasing, technical service and maintenance, except the cost of financing for the provision of daily services. the week, and the determination of the prepayment fees.
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