Modern markets and technological developments have undoubtedly improved consumers' access to quality goods and services. However, unfair trade practises continue to harm customers. Although there are consumer forums available for dispute resolution, they are plagued by issues including significant backlogs and poor management, leading to lengthy wait periods for assistance. A Supreme Court ruling emphasized that consumer forums are losing efficacy owing to organizational issues and, limited facilities.[1] As a result, the instrument designed to provide customers more control is not of much use now. To address these issues, there is a pressing need to educate the consumers about exhausting alternative remedies before approaching consumer forums. This is where Alternative Dispute Resolution (ADR) comes into play.
Through methods such as early neutral evaluation, negotiation, conciliation, mediation, and arbitration, ADR entails settling problems outside of the courtroom. In contrast to courts, it promotes less positive interactions by allowing the parties to actively engage in developing solutions that satisfy both sides. Additionally, it provides a more adaptable and non-adversarial approach, enabling parties to take an active role in resolving their problems.
Despite the establishment of several ADR organizations, there is still a substantial knowledge gap among consumers. The burden on consumer forums can be reduced by spreading awareness of ADR's presence and advantages among consumers nationwide. ADR, especially mediation, is significant in India, as noted in the Working Group Report on Consumer Protection.[2] The Supreme Court has been encouraging to settle disputes through institutionalized ADR mechanisms,[3]and one such instance being the case of Afcons Infrastructure Ltd. and Ors. v. Cherian Verkay Construction and Ors.,[4]where the court had expanded the ADR's scope to include all consumer disputes.
Recent initiatives like the Integrated Grievance Redress Mechanism (INGRAM) portal and Online Consumer Mediation Centre (OCMC) provide consumers with the redressal options. While the INGRAM enables customers to research complaint resolution processes and file complaints online, the OCMC supports in-person and online mediation, improving access to justice. The Consumer Protection Act of 2019 also encourages mediation as a form of alternative dispute resolution.
However, a lot of people aren't aware of these programmes, particularly in rural regions, Consumer awareness of ADR is an issue globally, and even the European Parliament recognized that most people don't know how to file an ADR complaint. For successful consumer protection, this ignorance must be addressed.
Consumer organizations can play a pivotal role in promoting ADR. They are aware of consumer reality and are capable of persuading customers of the significance of ADR. They can inform customers about the features and advantages of ADR and help them use it. Urban and educated populations might be the target of awareness campaigns that concentrate on online dispute resolution, the INGRAM portal, and OCMC. However, consumer organizations have difficulties as a result of limited funding, a lack of government assistance, and a lack of knowledge and experience. Thus, they will be needing comprehensive education about these initiatives, facilitating visits and discussions with redressal representatives.
To sum up, consumer organizations are crucial in raising ADR awareness across the nation. We can increase consumer rights knowledge and foster a healthy society by working with and supporting these organizations. Although educating India's varied population of consumers is surely difficult, we can accomplish this aim and provide customers the capacity to make educated decisions and seek effective redress with concentrated efforts and improved assistance. ADR awareness programmes among rural populations can be further penetrated by supporting consumer organizations in remote areas and giving necessary resources.
[1] State of U.P v. All U.P. Consumer Protection Bar Association, Writ Petition (C) No. 164 OF 2002 (Supreme Court of India). [2] Report of the Working Group on Consumer Protection, (Vol. II, Subgroup Report, Planning Commission, Government of India, 2012-17). [3] Salem Advocate Bar Assn. (II) v. Union of India (2005) 6 SCC 344; K. Srinivas Rao vs. D.A (2013) 5 SCC 226 (Supreme Court of India). [4] Afcons Infrastructure Ltd. and Ors. v. Cherian Verkay Construction and Ors., [2010 (8) SCC 24].
