SoftSettle Support
Traditional dispute resolution mechanisms create challenges and difficulties for an aggrieved consumer to enforce the guaranteed consumer rights. For the case to be taken up for consideration in the consumer forum or civil court, the claimant/consumer should have to establish the case where there are various factors the adjudicative authorities will look at which includes: personal identity of the respondent; possibility of bringing the respondent/second party into the adversarial process; proof of evidence related to the claim; etc. One of the major difficulties at the first instance is to engage or seek attorney/legal advice to know the procedural rules as how to approach the redressal authorities seeking remedies. Then so on. Okay these may be the challenges in the traditional dispute resolution mechanism being applied in India till the Consumer Protection Act.2019 got introduced. Accordingly new rules were framed in order to protect the online consumers too.
A typical incidence reflecting the emotions and mental strains of a professional photographer who was forced to face such situation has to be briefly conveyed to you. He received a mobile handset he had ordered online at a discount of Rs. 500, he realized it was a refurbished product. The fact it was refurbished had not been stated in a clear, readable manner in the description and he had missed the fine print. After trying to have telephonic contacts with the online provider for months which he ultimately failed, finally gave up the efforts and decided to keep the phone, left with no choice. This person represents the online consumers who have been always at the receiving end and used to get embittered in the hands of the online traders.
Although the Internet is a convenient platform to conduct commercial transactions, consumers are disadvantaged in the online marketplace due to insufficient information about goods and services as well as business and transaction process, lack of access to redress and several other problems. The number of complaints regarding online transactions increased in India and the number of Internet-fraud related complaints reported to Consumer Coordination Council, Consumer-Court and Consumer Redressal Forum under Consumer Protection Act 1986 were also increased. This, in turn, has undermined consumer trust and impeded the growth of e-retailing as well as added to the fear among e-consumers of falling prey to online fraud. In spite of this, the nature and effectiveness of e-consumer protection has not been adequately studied, notwithstanding extensive research into other aspects of e-retailing.
Hope the new revolutionized reforms in the Consumer Protection Act 2019 and the rules framed accordingly could handle such issues competently so as to redress the grievances of online consumers. But there may be apprehensions to the effect of efficient implementation of the amended Act.
In the new era of technology, innovativeness in technology is bursting into the legal domain. For an expedited and inexpensive resolution of disputes, the new Act and legal courts in India and in various other jurisdictions have ventured into the technological advancements. The Act and Rules are also the instances of such effort. But the technicalities to be implemented as the result of this legislation calls for a fast-growing expertise taking into consideration the current business demands.
Though the new resolution mechanism gets initiated through a portal, the ultimate decision rests with the Consumers’ forum. If at all the an early decision taken as a result of the complaints filed in the portal, it would be fine. But the consumer forum is bound by procedural rules and due process of law should be exercised to resolve the matter which is time consuming to achieve the final outcome.
The introduction of a new platform under the brand of Soft Settle which deals the resolution in minutes or hours maximum, can let the people have an easy access to justice without any fees or any court syndromes.
As the cyber presence of the commercial disputes is cropping up without any breaks use of e-courts paving way for e-commerce disputes resolution has become a necessity in all senses. The first and second segment of the project under the banner of Gateway to Equity & Justice (www.odrsupport.com) and (www.softsettle.com) providing ODR policies and frame work, facilitating E-commerce players from getting assaulted.
Soft Settle is not intending to compete with official dispute resolution mechanism. SoftSettle always prays for such laws to come and save the online shoppers. But SoftSettle has a different perspective with regard to the resolution feature. It encourages harmony which could build a bondage between trader and consumer. Further it tends to bring pleasant ambiance in the society so far as the party which does wrong could be rectified so as to eliminate the negative reviews in future and consumer found his favourite retailer always close to him supplying quality products against his orders.