Online Dispute Resolution in India
In many countries now disputes between consumer and companies are being resolved via online resolution than consumer courts. How can this online community brainstorm and then through consumer dept of India work with judiciary or others to enable the same? more
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To answer Ms Nikita's query: Proper e-connectivity has to be there between the parties for understanding and for resolving claims on-line. more
Nov 10
Indians being most arrogant and unwilling to accept their own mistakes/shortcomings, success of such a system in this country is doubtful. more
Nov 09
It is good idea. Must be brainstormed. When implemented and with fast and smooth decisions, this will create more confidence in consumers in particular under JAGOO GRAHAK JAGOO concept and simultaneously will make sellers alert not to cheat the consumers just like that. more
Oct 27
In India, an accused has to prove his innocence. The accuser has simply to accuse, with or without basis. The accused then simply runs from pillar to post in search of evidence to prove his innocence. Litigations, once commenced in a court of law, can extend for a life time or at times more than that, when a declaration has to be made that the accused is no more alive. These accusations are generally made when you are about to retire from active life. Hence why not cover all types of civil disputes "ON LINE". Why only Consumer goods and services? When the accuser files a case, prima facie evidence has to be evaluated by a team of lawyers to find out whether the claim holds water or not. 80% to 90% of these disputes would be dismissed, as courts are being utilised only to seek more and more time to harass the accused. If such litigations are found to be baseless, the accuser should be given an opportunity to justify his claim. If he fails to do so, he has to be penalised. Such a practice will eliminate the burden of courts and justice would be dispensed faster. Consumers have to substantiate their claim for goods and not merely lodge it. It has been observed that generally consumer complaints take about two to three years to be resolved at the lower level. Then you have 2 more stages to cross,i.e. state level and National level. By then, the quality of goods would have altered and of no help as evidence. To circumvent this, qualified inspectors have to be deputed to examine the goods and certify the condition. Not so, in the case of services where the claim is mostly on paper. There has to be a limitation of time or a time frame within which the dispute has to be resolved. I am sure the Govt., if proactive, could consider this proposal. more
Oct 27
The courts will never summon the plaintiff. Your suggestion is good but courts have a soft corner for plaintiffs, whereas it will issue summons/warrants to the accused. Unfortunately, this is the law of the land.
If I have to file a defamation suit, I should first pay stamp duty on the amount claimed for defamation. Then I have to wait for 5/6 years for the judgement and another few years for the remittance. The lawyer would also have his fees covered in advance, which I have to bear . These fees would be exorbitant. The award will depend on the judge. By then, if the accused goes broke by transferring his money to his wife's account, which generally happens, that enforcement can never happen.
It is not easy to get this amount. That is the pity. more
If I have to file a defamation suit, I should first pay stamp duty on the amount claimed for defamation. Then I have to wait for 5/6 years for the judgement and another few years for the remittance. The lawyer would also have his fees covered in advance, which I have to bear . These fees would be exorbitant. The award will depend on the judge. By then, if the accused goes broke by transferring his money to his wife's account, which generally happens, that enforcement can never happen.
It is not easy to get this amount. That is the pity. more
Nov 11
In the cases where the plaintiffs themselves abstain from attending the courts and produce documentary evidence/evidence in support of their charges against the accused and the court ultimately dismiss the cases, the motives of the complainant become clear. In such cases the court itself should summon the plaintiff as an accused for lodging falls complaints against innocents and award rigorous punishment for his mischief, which will set example to restrain others from such mischievous acts. Since such a system is not presently available in our judiciary system, the sufferers concerned have the option to file defamation suits against the complainants claiming compensation for damaging their reputation.
The system and condition under which our judiciary system is working is known to all of us and as such, I refrained from making any specific comments thereon. more
The system and condition under which our judiciary system is working is known to all of us and as such, I refrained from making any specific comments thereon. more
Nov 11
After the Consumer Protection Act promulgated in 1986 I was wondering how the Government going to face the problem as the Consumer Redressal Fourm will have to be established in each village. Unfortunately even in the District level it did not take place. How the awareness will come among the people. for example Mr Gupta had posted in a local circle which is reproduced below : GUNTUR: Mondelez India Foods Private Ltd, the parent company of Cadbury India, was fined by the Consumer Forum of Guntur for supplying bacteria-contaminated chocolates to a consumer. Apart from paying a penalty of Rs 50,000 for causing mental agony, Mondelez has also been ordered to pay Rs 5,000 to the complainant, Darla Anupama. IS THIS SAFE FOOD? PEOPLE BUY /CHILDREN FALL FOR THOSE! WILL THE MANUFACTURERS NOTE THE CALLOUSNESS FACE D BT CONSUMERS? This issue will die only at Guntur. How in national level people will get aware and stop boycotting such products. more
Oct 27
