Online Pharmacy And E-Pharmacy Laws In India

Monday, April 25, 2016

E-Commerce Disputes In India Would Now Be Resolved Using Online Dispute Resolution (ODR) Mechanisms

Effective and timely dispute resolution is sine quo non for ease of doing business in any country. India has been facing the problem of mammoth backlog of legal cases that has overburdened the Indian judiciary to the extent of almost collapse. This scenario is going to worsen in near future as Indian government has been encouraging projects like digital India, make in India, startups India, etc. As these fields are new, they would give rise to litigation on the one hand and lack of knowledge about these techno legal issues on the part of lawyers and judges on the other hand.

Perry4Law Organisation (P4LO) has come out with some techno legal solutions to resolve these issues. It has launched unique techno legal projects on e-courts and online dispute resolution (ODR) in India. These projects can be utilised by Indian government, public sector undertakings (PSU), Indian companies, multi national companies (MNCs), national and international organisations, individuals, etc. One such segment that can use these techno legal service is the e-commerce industry of India. A prototype of a platform to resolve e-commerce disputes in India can be accessed here. We are working on a model that would utilise the existing and future techno legal experience of P4LO regarding resolving e-commerce disputes through ODR.

E-commerce has introduced significant choices for Indian consumers and customers. However, e-commerce in India has also given rise to many disputes by the consumers purchasing the products from e-commerce websites.

There is no formal e-commerce dispute resolution regulatory mechanism in India as we have no dedicated e-commerce laws in India. In fact, many e-commerce websites are not following Indian laws at all and they are also not very fair while dealing with their consumers. Allegations of predatory pricing, tax avoidance, anti competitive practices, etc have been leveled against big e-commerce players of India.

As a result, disputes are common in India that are not satisfactorily redressed. This reduces the confidence in the e-commerce segment and the unsatisfied consumers have little choice against the big e-commerce players. At a time when we are moving toward global norms for e-commerce business activities, the present e-commerce environment of India needs fine tuning and regulatory scrutiny. In fact, India is exploring the possibility of regulation of e-commerce through either Telecom Regulatory Authority of India (TRAI) or through different Ministries/Departments of Central Government in a collective manner.

It is obvious that e-commerce related issues are not easy to manage. E-commerce disputes resolution is even more difficult and challenging especially when Indian Courts are already overburdened with court cases. Of course, establishment of e-courts in India and use of online dispute resolution (ODR) in India are very viable and convincing options before the Indian Government.

To make ODR a success in India, Techno Legal Centre of Excellence for Online Dispute Resolution (ODR) in India (TLCEODRI) has been providing its techno legal ODR services to national and international stakeholders. TLCEODRI has now decided to manage e-commerce disputes resolution in India through its techno legal ODR platform. To implement this initiative in a smooth manner, an ODR Discussion Forum has been started by TLCEODRI.

We have also started a dedicated Board/Thread at the ODR Discussion Forum for E-Commerce Dispute resolution In India through ODR (registration required). This is a good opportunity for e-commerce websites of India and abroad to get good techno legal insight about Indian laws and their implementation to e-commerce field.

The access and registration to this Board is allowed to e-commerce websites alone that have already been established and are operating in India. Our existing e-commerce clients and other clients can contact us for immediate activation of their accounts while the registration request of other e-commerce websites would be duly approved/disapproved by our moderators/administrators. If an e-commerce websites is engaging us for our techno legal services, it would be granted immediate access to this segment at its request.

Very soon we would introduce additional features for e-commerce companies and online consumers. This would also include online filing of complaints and grievance by the consumers and other aggrieved individuals/companies against the e-commerce companies of India and abroad. Such complaints and grievances would be openly available for public access to general public, regulatory authorities and other e-commerce stakeholders.

We would also introduce a system where grievance can be managed by the e-commerce companies/websites and their consumers through multiple dispute resolution processes and stages of TLCEODRI. This would include conciliation, mediation and arbitration through ODR mechanisms. Please check our ODR Discussion Forum for regular updates about the ODR services of TLCEODRI.

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