A consumer arbitration committee in Izmir has ordered a telecommunications company to refund a 4,211 lira

A consumer arbitration committee in Izmir has ordered a telecommunications company to refund a 4,211 lira cancellation fee charged to a customer who terminated their internet subscription due to prolonged outages and connectivity issues. The consumer, identified as L.İ., ended their service prematurely after experiencing frequent disconnections and slow speeds. After paying the cancellation fee, the consumer filed a complaint with the İzmir Provincial Consumer Arbitration Committee, arguing the fee was unjust.

The company defended itself, stating that the service relied on another operator's infrastructure and that it lacked direct authority to intervene in infrastructure faults, asserting that the cancellation fee was legally valid under the contract. However, the committee, applying the 'defective service' provisions of Law No. 6502 on Consumer Protection, found that the consumer had been unable to use the internet for extended periods. The committee noted that the company failed to provide concrete technical evidence proving that the service was provided continuously and in accordance with the contract.

It ruled that the service did not meet the consumer's reasonable expectations, thus constituting a defective service. The decision stated: 'The consumer's claims of being unable to use the service are consistent with the course of events. This indicates that the service did not meet the consumer's reasonable expectations and is defective.

In cases of defective service, the consumer has the right to justifiably terminate the contract, and a cancellation fee cannot be demanded. Accordingly, the committee deemed the 4,211 lira fee unlawful and ordered its refund.