Support Access To Justice Project Of Resolve Without Litigation (RWL)

Access to justice and judicial reforms are on the agenda of Perry4Law Organisation (P4LO) since 2004. In order to achieve the same we introduced many innovative techno legal projects. One of such projects is Online Dispute Resolution (ODR) upon which we have been working since 2004. In order to ensure access to justice for people of India we launched two seperate ODR portals.

The first one is a Pro Bono ODR Portal that was launched few years back. It has fought for the rights and justice of many Indians. In continuation of our efforts, we have also drafted a Guide for national and international stakeholders. As per this initiative, it only takes 5 minutes to get access to justice to any stakeholder from any part of the world that too free of cost.

However, for reasons unknown, government departments like CGPDTM India are trying to kill this innovative project. We have already brought this fact within the knowledge of Shri. Suresh Prabhu, DIPP, etc but so far no investigation has been undertaken by Narendra Modi government in this regard.

We are not only fighting against this strange act of BJP government but are also trying to ascertain why CGPDTM India did this at the first place. Irrespective of whatever happens to the Trademark of Resolve Without Litigation (RWL) and other projects, access to justice and empowerment of national and international stakeholders would not stop.

We request national and international stakeholders to support our access to justice project so that Human Rights and other rights of stakeholders cannot be compromised at the mere wish of government.

We are not requesting any monetray help but do expect national and international stakeholders to use this Pro Bono ODR Portal and do not allow government to compromise their rights. Of course, any absolutely voluntary donation is most welcome as per these terms.

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Resolve Without Litigation Your Disputes From Any Part Of The World

Disputes are not desirable but yet they do happen in every walk of the life. We have many options to resolve these disputes and approaching a  court is the last option. But for many people this is the first option and this is a wrong strategy on their part. By approaching the courts at the first place we are over burdening them unnecessarily when these disputes can be resolved outside the court. The over burderned courts  would have no choice but to give lengthy dates as there is no way a handful of judges in Indian courts can handle such impossible target.

This mindset is not a problem of ordinary people but our state governments and central government too. A big chunk of litigation in courts is  from government departments. State governments and central govt are notorious for not only denying remedies to citizens at the first place but they also keep on appealing against adverse orders against them to higher courts. So not only original cases but also appeals from the  adverse orders against state governments and central government are increasing burden upon Indian courts.

We at Perry4Law Techno Legal Base (PTLB) have been working in the fields like online dispute resolution (ODR) and e-courts since 2004. We have launched few techhno legal fields in both ODR and e-courts fields. We understand the significance of alternative dispute resolution (ADR) very well. We also understand how technology can be used to strengthen ADR in India by converting traditional ADR into ODR.

As the field is new, some sort of confusion and uncertainty is natural. That is why we launched two different online portals on ODR for world wide stakeholders. The first one is a Pro Bono Platform where we are helping people to not only understand useage of ODR but also  helping them free of cost. Stakeholders can see this Guide so that they can best use our Pro Bono ODR portal.

The second platform is a professional one where our clients and big companies can avail our techno legal services on a regular and professional basis. All they need to do is to use our ODR clause in their agreements. If both the parties agree, they can also use our ODR portal without any agreement if they agree to our ODR clause at any stage of the dispute. The process is simple and very effective.

Now comes the best part. Some of the unique features of our ODR portal are:

(1) Our ODR services are available throughout the world and even if parties to the dispute reside in different countries.

(2) It is not mandatory that the dispute must be an Indian dispute but any dispute in any part of the world can be resolved using our portal if the same can be resolved using mediation, conciliation, arbitration or ODR as per the laws of respective countries.

(3) Our ODR services can be used at any stage of the dispute even if there is no pre existing ODR clause. Such an ODR agreement can be formed by simply accepting our ODR clause by parties to the dispute.

(4) Parties to the dispute need not to move even out 0f their homes to avail our ODR services. So travelling expenses and travelling time is totally saved.

(5) All required documents can be shared with us through the online portal, secure e-mail, secured chats, etc. No cost for sending documents through post would be incurred.

(6) We are the only techno legal Institutionalised Arbitration Centre that is dealing in ODR world wide.

If any company or government department wishes to have training about how to best use our ODR services, we can also ensure the same.

If Indian government is serious about better access to justice and ensuring justice for all, we are more than happy to have a colloboration with it. We are also open to colloborations with foreign governments and international organisations if they have similar projects or wish to expand their existing dispute resolution capacities.

We may update this article with more information and details for the larger benefit of all. Please visit regularly this blog in general and our ODR portals in particular for latest developments of our projects.

Source: E-Courts 4 Justice (EC4J).

Credit Card Frauds Are Increasing At SBI And RBI Is Sleeping

Something very absurd is going on in the State Bank of India (SBI) that also within the actual knowledge of none other than Reserve Bank of India (RBI). There is a spate of credit card frauds in SBI and the bank is doing nothing in this regard. SBI is neither refunding back the stolen money nor is it strengthening its cyber security and banking security. This is despite the legal obligations that all banks are required to comply with regarding refund of stole money and establishment of robust cyber security.

So what exactly is going on at SBI? To get the idea, just follow a single discussion at Twitter regarding credit card fraud that is pending for redressal for the last two months. The mere fact that SBI has not been able to resolve the issue for 60 days is self explanatory. Credit card frauds are happening at SBI and neither SBI nor RBI is doing anything about this situation. Bank customers are running from one place to another with no remedy.

If a bank customer has promptly informed the concerned bank branch about any credit card fraud, it is the legal duty of that bank to not only refund the money quickly but also to investigate such credit card fraud. But banks in India, including SBI, are simply harassing the victims in the hope that they would not pursue the matter further. And this is happening as well.

If a victim of banking fraud has no remedy either at the bank level or at the RBI level, he/she can only hope that the government would listen to him/her. But our government not only lacks the will but also the necessary infrastructure to manage such disputes.

We at Perry4Law Organisation (P4LO) are trying to fill this vacuum. We have launched a test online dispute resolution (ODR) platform few years back. If nothing works for a victim, he/she can open a ticket at our platform and we would help him/her in this regard. Just add the relevant documents either at the time of creating the ticket or when we reply back through e-mail and mention about the status of Aadhaar. Once this is done, we would pursue your cause as our own.

As mentioned above, we are currently pursuing one such ticket about credit card fraud that happened about two months back as per the creator of the ticket. We have given sufficient time to SBI to respond back but SBI is engaging in time wasting tactics and next level of action against SBI is needed. That is why we have written this article that would be updated from time to time till the matter is resolved. If SBI continues with its present approach, we would take few more steps and with every such step the accountability and legal obligations of SBI would increase.

We also offered to help SBI to resolve its debit and credit card frauds so that victims can get their money back immediately. However, SBI is not interested in early resolution of disputes for reasons best known to it.

We hope SBI would resolve the issue mentioned in the ticket immediately so that we need not to escalate this issue to next levels.

National Litigation Policy Of India Would Fail Without Use Of ODR And E-Courts

 

NLP, ODR And E-Courts

Why is it that legal and judicial system in India is in such a bad shape? The answer lies in lack of awareness, knowledge and use of techno legal policies to strengthen Indian judicial system. As a result cases keep on piling up and judiciary is not able to cope up with the ever increasing pressure and getting justice becomes a nightmare for general public.

Justice delayed is justice denied is an old saying now as we are directly denying justice these days. People are not getting access to justice and delayed justice is an option only after we get access to justice. Access to justice for marginalised people in India is even in worst condition and they have accepted injustice as part of their fate and lives.

Disputes and litigation have so much increased in India that they have overburdened our judicial system. Courts are struggling hard to cover the backlog of cases but the backlog keeps on increasing on a daily basis. This is primarily because of bad policies and administrative inefficiencies working at the government levels. For instance, why is it required for the government to even litigate when it is clearly on the wrong side of the law? Even if a decision is given against the government in such cases, it engages in unnecessarily appeals to further delay the desired relief to the victim.

We at Perry4Law Organisation (P4LO) believe that 90% of the government litigation and 95% of its appeals are redundant and not required at the first instance. But government is not doing anything in this regard and this is unnecessarily overburdening the courts in India.

Many of such disputes can be either avoided or they can be resolved without litigation (RWL). Information and communication technology (ICT) can play a significant role in this regard as ICT can not only prevent unnecessary cases from entering into the judicial system but it can also eliminate the vices like bench hunting. Access to justice for marginalised people in India can also be enhanced using ICT. It is clear that ICT is going to play a major role in the governance of India.

But ICT for development (ICT4D) is not possible till we use proper technology in the best possible manner. For instance, if we unconstitutionally demand Aadhaar for filing a case, that violates not only Articles 14, 19 and 21 of Indian Constitution but that would also result in failure of justice. Technology should enable masses and not exclude them from the justice delivery system. As on date people are denied access to justice right from the stage of commission of crime. For instance, if a police station asks for Aadhaar and rejects a valid driving licence or passport for filing of FIR, it is violating multiple Fundamental Rights and statutory rights of the victim. But this is happening openly in India and victims are denied justice even at the level of law enforcement.

As far as Judiciary is concerned, the concepts of online dispute resolution (ODR) and electronic courts (e-courts) must be essential part of the justice delivery system. Both ODR and e-courts must also be part of the national litigation policy of India (NLPI) as well. In short, legal enablement of ICT systems in India is need of the hour.

Unfortunately, till the month of December 2017 we are still waiting for the establishment of first e-court of India. In fact, the e-courts project of India received a major blow in the past when the e-committee refused to record proceedings at the courts in audio and video formats. Similarly, India has not used ODR for dispute resolution purposes so far.

We at Perry4Law Organisation and Perry4Law’s Techno Legal Base (PTLB) strongly recommend that ODR and e-courts must be integral and essential part of any amended Arbitration law and NLPI in future. Otherwise, justice would become a myth in India very soon.