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The Turkish Ombudsman (KDK) has secured the refund of interest charged to a doctor who was notified of a debt via
The Turkish Ombudsman (KDK) has secured the refund of interest charged to a doctor who was notified of a debt via WhatsApp without formal service. The doctor had resigned from a contracted chief physician position to take a permanent role at a state hospital and was asked to repay a prepaid salary. He stated he would pay immediately upon receiving official notification, but no formal notice was sent.
Later, when he inquired about the notice at the hospital and provincial health directorate, the debt notification was sent via WhatsApp. He paid the same day he learned of the debt, yet interest was also charged. The doctor appealed to the KDK, seeking a refund of the unjust interest.
The KDK found the complaint justified and recommended that the Ministry of Health refund the interest and take administrative measures to ensure proper notification procedures, including training staff on legal compliance and diligence. Following the recommendation, the interest was refunded. The KDK emphasized that for an administration to charge interest on a debt, it must first send a formal notice and allow reasonable time for payment.
The consequences of internal coordination failures or delays in the notification process cannot be imposed on the citizen. The decision stated: 'Considering that the administration did not issue a proper notice regarding the debt, and that the applicant paid the same day he learned of the notice informally via WhatsApp and thus did not fall into default, it is concluded that the legal interest unjustly and baselessly accrued on the principal must be refunded to the applicant.
Source: TRT Haber