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Objecting to an Unauthorized Electricity Use Penalty and Litigation Routes: From Application to Refund

A woman attorney reviews the invoice and application documents in an open file with her client seated across from her.
Author: Published: About 12 min read

Institutional legal review and control: Güneş & Güneş Law Firm

Published by: Güneş & Güneş Law Firm

Summary

Objection to the company, enforcement objection, negative declaratory action, refund, arbitration committee and mediation in an unauthorized electricity dispute.

Objecting to an unauthorized electricity use bill, objecting to an enforcement payment order and filing a lawsuit in court are different steps. Having applied to the company does not by itself suspend the other time limits. The right route is determined by whether the debt has been paid, whether enforcement proceedings exist, whether the relationship is a consumer or a commercial one, and the result sought.

This guide is based on sources checked on October 9, 2026. It addresses the company charge popularly called an “unauthorized electricity use penalty”; the defense in the criminal court is explained in a separate guide.

Six months, ten business days and seven days are different from one another

StepTime limit or basisStart / explanation
Objection to the unauthorized-use bill before the company6 monthsFrom the date of notification of the payment notice
The company’s resolution of the objectionAt most 10 business daysUpon the filing of the objection
Objection in general attachment proceedings without an enforceable judgment (ilamsız takip)As a rule 7 daysFrom service of the payment order
Objection to a Consumer Arbitration Committee decision2 weeksFrom service of the decision
Special recovery under Enforcement and Bankruptcy Law (İİK) Article 72/71 yearFrom the date the debt was fully paid, under the statutory conditions

Sources: Electricity Market Consumer Services Regulation (EPTHY) Article 47, Enforcement and Bankruptcy Law Articles 62 and 72, Consumer Protection Law (TKHK) Article 70. [1][2][4] The time limits in the table are not a common limit for bringing an action that applies to all disputes. The type of proceedings, the status of service and the legal basis of the claim are examined separately.

For example, if a payment order arrives after the application to the company, delaying the enforcement objection by waiting for the company’s ten-business-day response period may lead to loss of rights. The arrival date of each document and each step should be entered in a separate calendar.

How is an objection made to the distribution company?

EPTHY Article 47/2 regulates objections on the grounds that no unauthorized consumption took place, that the amount or period was determined contrary to the legislation, or that there are errors in the tariff and other parameters. The application should be made to the relevant distribution company in a way that allows its date and content to be proven. The receipt number, the proof of delivery or the electronic application record should be kept. [1]

The application states the inspection report (tutanak) and the invoice number, the installation information, the dispute period and the specific objections. Instead of listing all unrelated legislation, each error should be matched with its own document. The titles of the supplier and the distribution company should not be confused; it should be checked which company carried out the step.

Objection grounds that work

  • Dated documents showing that you did not use the installation or the period concerned.
  • Concrete deficiencies in the photograph, video, meter examination or laboratory report.
  • The wrong type of unauthorized use and the wrong calculation method that follows from it.
  • A period whose start has not been proven or which exceeds the upper limit.
  • The wrong power, operating hours, consumer group, tariff or repetition coefficient.
  • Failure to deduct consumption that should have been deducted, or a duplicate charge.
  • A specific error in the notification, interest or tax item.

The effect of each allegation on the result should be explained. For example, “I am a tenant” does not by itself show the absence of debt; the date on which you moved out and the period to which the calculation relates should be presented together.

Drafting the objection petition: A usable outline

The following layout guides you when preparing an application; it must be filled in with the documents and request of the specific file:

  1. Addressee and subject: The company that issued the charge, the report and invoice number, the installation address.
  2. Sequence of events: Start of use, detection, notification, payment if any, and later steps.
  3. Technical objections: Each error in a separate paragraph; next to it the relevant document or a request for the missing record.
  4. Calculation objections: Period, power, hours, tariff, coefficient, deduction, interest and tax.
  5. Document requests: Annexes to the report, video, laboratory and a detailed account statement.
  6. Concluding request: Removal/correction of the erroneous charge, refund of the overpaid amount in accordance with the legislation, and a reasoned reply.
  7. Annexes: A dated, numbered and legible list of documents; applicant/representative details.

A sample sentence of reasoning can be framed as follows: “The start date used in the charge differs from the start of use shown in the attached proof of delivery. I request an explanation of the finding on which the period was based and a recalculation that takes into account the documents on my period of use.” This is an example; no false date or event should be added.

Writing “all my legal rights are reserved” in the application may be a useful statement; however, by itself it is not a step that protects the objection or litigation time limits.

Complaint application and the receivable dispute

A complaint to the Energy Market Regulatory Authority (EPDK) can be meaningful for the supervision of practices contrary to the regulation. In the application, the earlier application to the company and its reply, and the relevant steps and documents, are shown. The record of the application is preserved.

However, a supervisory complaint is not a court judgment that settles that no private-law debt exists. Writing to the Presidential Communication Center (CİMER) does not replace an objection to the enforcement file either. A separate appropriate legal route may be needed for the collection of the receivable to stop or for the amount paid to be returned. [1][2]–[4]

Action for negative declaratory judgment, refund and removal of interference

If no payment has been made yet

Where there is an allegation that no debt exists and a legal interest, an action for negative declaratory judgment may come into play. It should be stated clearly in respect of which charge and which amount no debt is owed. Filing the action does not by itself stop collection or disconnection. The interim injunction rules before and after enforcement are considered separately. [2, Art. 72]

If payment has been made

In recovering an amount already paid, the conditions of the payment are decisive. For a payment made because of enforcement proceedings under the conditions of Enforcement and Bankruptcy Law Article 72/7, there is a special recovery route and a one-year time limit. For payments that do not meet the conditions of this route, the contractual, unjust enrichment or other basis of the claim is examined. It is wrong to say automatically “two years” or “one year” for every refund claim. [2][6, Arts. 77–82, 146–147]

The payment bank receipt (dekont), the reservation of rights (ihtirazi kayıt), the correspondence before payment and whether there is an agreement containing an acknowledgment of the debt are important. A reservation of rights is not a guarantee of success by itself; the legal ground and the proof are still examined.

If the subscription is being wrongfully blocked

Where the establishment of a new contract is refused because of a previous user’s debt or a disputed charge, a claim for removal of interference (muarazanın giderilmesi) and for the appropriate performance may be considered. It should be explained that the applicant meets the conditions for entering into a contract, the ground for the refusal and its relationship to the old debt. The issue of the person and the period is detailed in the liability guide.

Consumer Arbitration Committee or which court?

First the legal nature of the relationship is determined. A contract concluded in a residence in the capacity of a consumer and a tort allegation based on an interference without a contract may not call for the same assessment. It is not correct to direct every electricity dispute to the consumer court or to the commercial court of first instance. [4, Arts. 3, 73][7, Arts. 4–5]

For consumer disputes below 186,000 Turkish lira (TL) in 2026, the monetary threshold of the Consumer Arbitration Committee applies. An application can be made to the competent committee at the consumer’s place of residence or the place where the transaction was made, through the application routes in the legislation; an electronic application can be made via the Consumer Information System (TÜBİS). The threshold and application rules are in the current announcement of the Ministry of Trade (Ticaret Bakanlığı). [5]

In cases within the scope of the consumer court, mediation as a condition precedent to litigation under TKHK Article 73/A and its exceptions are considered; in actions for monetary claims of a commercial nature, compensation, negative declaratory judgment and recovery, Turkish Commercial Code (TTK) Article 5/A is considered. The mere existence of a business address does not by itself settle the commercial nature of both parties and of the dispute. [4][7]

The two-week objection period before the consumer court against a committee decision starts with service of the decision. The mediation exception for this objection and its effect on enforcement are evaluated together with the relevant statutory provisions. [4, Arts. 70, 73/A]

Why is there not a single statute of limitations period?

A receivable may arise from a contract, a tort or unjust enrichment. The Turkish Code of Obligations (TBK) has different periods and starting rules for the general case, periodic performance, tort and unjust enrichment. Where it is alleged that the act also constitutes a crime, a discussion of an extended criminal statute of limitations may also arise. [6, Arts. 72, 82, 146–147]

Legal basis of the claimBasic period and startCritical distinction
General rule for receivables10 years unless there is a special provision to the contrary; as a rule starts with the maturity of the receivableNot applied automatically to every electricity charge
Receivable in the nature of periodic performance5 years if within the scope of TBK Article 147/1It is determined whether the receivable is really a periodic performance
Compensation for tort2 years from learning of the damage and the person liable; as a rule 10 years from the actLonger criminal statutes of limitations and special provisions are reserved
Refund based on unjust enrichment2 years from learning of the right to demand return; 10 years from the enrichmentThe legal ground of the refund must really be unjust enrichment
Recovery under Enforcement and Bankruptcy Law Article 72/71 year from the date the debt was fully paidThe payment in the enforcement proceedings must meet the conditions of this special route

The table shows alternative legal bases; it does not give a person a free choice between the periods. The position of the principal and ancillary claims in the same invoice, steps that interrupt the statute of limitations such as an acknowledgment of debt or enforcement proceedings, and the non-running of the period during mediation are examined separately. In a case where the two-year period is applicable, the existence of a ten-year upper limit does not make up for letting the two-year period pass. [2, Art. 72][6, Arts. 72, 82, 146–154][8]

For this reason, the company’s six-month objection period and the statute of limitations of the receivable cannot be treated as the same. A statute of limitations defense must also be raised at the appropriate procedural stage. It should not be assumed that an ordinary objection sent to the company stops all time limits. The effects of mediation on time limits regulated by statute are evaluated separately. [8]

Document and request file for the lawsuit

The report, invoice, notification and payment documents should be arranged chronologically. A request is made to have the company produce documents missing from the technical examination. Records showing the actual user and the period are at the center of the dispute over party status. If an expert examination is requested, specific questions are written.

If there is a risk of disconnection, documents on health, business activity or perishable products are attached to the interim injunction request. If there are enforcement proceedings, the file number and the payment order are submitted separately. Thus what comes before the court is not just an invoice but a file showing what protection is sought and why. The disconnection and enforcement guide explains this distinction.

Frequently asked questions

Is objecting to the company a condition for filing a lawsuit?

The application under EPTHY and the conditions for suit in statutes are different. The mediation or arbitration committee condition that applies is determined separately according to the nature of the relationship.

If six months have passed, are all my rights over?

No; the objection period before the company and the time limit for all judicial claims are not the same. However, which route remains and the statute of limitations must be examined in the specific file.

If the company finds the objection justified, how is the amount paid refunded?

EPTHY Article 47/2 regulates the application of a daily late-payment surcharge, from the payment date, to the amount to be refunded to a consumer whose objection is found justified and who has made payment. [1]

If the case is won, are all expenses necessarily recovered?

Litigation costs and the attorney’s fee are determined according to the outcome of the claim, the ratio of acceptance to rejection and procedural rules. Recovery in kind of all private expenses is not guaranteed.

Conclusion: Direct each request to the right step

An effective objection starts from the document number and arrives at the specific error and a clear request. A correction request to the company, an objection to the proceedings at the enforcement office, an appropriate action in court and, if necessary, an interim protection request are different steps that complement one another. When documents and time limits are managed together, applying to the wrong authority or losing rights while waiting for a reply can be avoided.

For the basic concepts, see the main guide; for the technical basis of the objection, see the guides on detection and calculation.

Sources and legal bases

  1. Electricity Market Consumer Services Regulation (Elektrik Piyasası Tüketici Hizmetleri Yönetmeliği). EPDK / Legislation Information System (Mevzuat Bilgi Sistemi). May 30, 2018 / 30436; in particular Articles 42–49 and 52, including the amendments of January 14, 2025 / 32782.
  2. Law No. 2004, Enforcement and Bankruptcy Law (2004 sayılı İcra ve İflas Kanunu). Ministry of Justice (Adalet Bakanlığı). Articles 62, 66–68, 72.
  3. Law No. 6100, Code of Civil Procedure (6100 sayılı Hukuk Muhakemeleri Kanunu). Ministry of Justice. Articles 190, 199, 266–293, 389–400 et seq.
  4. Law No. 6502 on Consumer Protection (6502 sayılı Tüketicinin Korunması Hakkında Kanun). Ministry of Justice. Articles 3, 68, 70, 73, 73/A; the amendment to the two-week period in Article 70 was taken into account.
  5. Information Text on Consumer Arbitration Committees (Tüketici Hakem Heyetlerine İlişkin Bilgilendirme Metni). Ministry of Trade. Announcement dated January 22, 2026; the threshold below 186,000 TL for 2026, the application venue and the Consumer Information System.
  6. Law No. 6098, Turkish Code of Obligations (6098 sayılı Türk Borçlar Kanunu). Ministry of Justice. Articles 49–61, 72, 74, 77–82, 112, 146–147, 195–202.
  7. Law No. 6102, Turkish Commercial Code (6102 sayılı Türk Ticaret Kanunu). Ministry of Justice. Articles 4–5, 5/A; provisions on companies and commercial relations.
  8. Law No. 6325 on Mediation in Civil Disputes (6325 sayılı Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu). Ministry of Justice. In particular Article 18/A; mediation as a condition precedent to litigation and its effect on the period for completing an injunction.

AUTHOR

Av. Umut Güneş

Güneş & Güneş Law Firm

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