law consultancy office
t&p hukuk danışmanlık bürosu | tüketici hukuku danışmanlığı

tokbaş & partners

consumer law in energy sector

for companies :

for persons :

Energy Sector is a sector which started to be discussed especially with the privatization of energy sector organizations and has recently been a hot topic as it is recognized that it conceives many consumer law issues. Particularly the conspicuous items in  the bills of energy companies, including items like lost-illegal electric fees in the electricity bills, have become a controversial issue in the public and in press headlines. Uninterrupted and quality energy are also key issues, besides billing items. The consumer law covers the solutions for problems arising from energy interruptions without notice and poor quality of energy. For example, the damage indemnity for electronics arising from electricity interruption without notice or damage indemnity for vehicles due to poor quality fuel can be claimed in accordance with the principles of consumer law.

 

tokbaş & partners provides consumer law service to energy companies and other companies and persons engaged in the energy industry thanks to its command of consumer law in the energy sector. These services are detailed individually for companies and persons. We also defined individual subcategories for our services for companies, namely  “protective/preventive advocacy, process consultancy and official attorneyship”. Services offered by tokbaş & partners in this area can be detailed as follows: 

 

Protective / Preventive Advocacy Services:

 

1.       Conduct trainings for company managers and relevant personnel on "consumer law and practices in energy sector"

2.       Organize consumer law training for company branches and provide personnel training across Turkey

3.       Draft energy agreements subject to the field of Consumer Law as per the legislation and practices

4.       Draft energy sector documentation used in consumer transactions as per the legislation and practices

5.       Provide opinions and create legal reports on new energy sector practices

6.       Ensure legal control of trade advertisements and announcements prior to publication as per consumer and advertisement legislation as well as administrative practices

7.       Ensure legal control of commercial practices under the scope of  the provisions relating to "unfair commercial practices"

8.      Due diligence

9.       Legislation review and weekly legislation report on the energy sector

10.     Review the decisions of administrative and regulatory committee; weekly report on the decisions of administrative and regulatory committee related to energy sector

 

 

Process Consultancy Services:

 

1.       Monitor energy agreements and express opinions on contractual discrepancies

2.       Monitor energy sector practices and other documents and express opinion on the discrepancies resulting therefrom

3.       Express opinion on discrepancies relating to trade advertisements and announcements

4.       Express opinion on the resolution of issues encountered in consumer law legislation

5.       Give response to requests for verbal and written legal opinion

6.       Take initiatives and express opinion required for resolution of differences in interpretation or problems resulting from consumer law between relevant administrative bodies and the company

7.       Provide mediation-reconciliation services between the company and consumers

8.      Establish and maintain a consumer compliant hotline

9.       Create templates for pleas to be written to Consumer Courts and Consumer Arbitration Boards considering different problems and possibilities

10.   Control and compliance check for the pleas written to the attention of Consumer Courts and Consumer Arbitration Boards

11.    Control and compliance check for the pleas to be written and documents to be submitted about consumer law to administrative bodies

12.    Management of the process of inspector audit by the Ministry of Customs and Trade

 

 

 

Official Attorneyship Services:

1.       Ensure representation of the company and follow-up of its files at Consumer Arbitration Boards

2.       Ensure representation of the company and follow-up of its files at Consumer Courts

3.       Ensure representation of the company and follow-up of its files at administrative bodies

4.       Actions for nullity for administrative fines imposed as part of  TKHK

5.       Follow-up of company's debts and receivables

 

 

 

 

1.       Follow-up of lawsuits arising from poor quality fuel

2.       Follow-up of lawsuits arising from poor quality or interrupted electric power

3.       Follow-up of lawsuits arising from poor quality LPG

4.       Follow-up of lawsuits arising from gas conflicts

5.       Follow-up of lawsuits arising from energy bills and contracts

6.       Lawsuits for monetary and spiritual damages arising from defective service

7.       Follow-up of debts and receivables to and from energy companies

8.      Claims for damages arising from acts in breach of competition law in the energy sector

9.       Claims for damages arising from manipulative ads and unfair commercial practices in the energy sector