In October, I sent homemade Diwali sweets to my daughter in the USA through an international courier, expecting delivery on the first day of Diwali by October 31. Despite paying Rs65,000 and following all the necessary rules, the parcel was not delivered. When I approached the courier company, they blamed US authorities. I then lodged a complaint with the National Consumer Helpline (NCH), but the courier company refused to settle my claim. I was advised to file a formal complaint under the Consumer Protection Act, 2019. Now, I am seeking a refund of courier charges and Rs1 lakh compensation. However, considering the time and money required for legal proceedings, I am exploring whether the Mumbai Grahak Panchayat’s SAMET platform could help. I also wish to know whether settlements reached through SAMET are legally binding and the fees involved in the process.
– Nita Mule, Santa Cruz (West)
Mumbai Grahak Panchayat’s SAMET is precisely meant for such small claims. SAMET offers an alternative dispute resolution (ADR) mechanism through mediation or conciliation facilitated by trained, independent mediators/conciliators. To initiate the process, you need to submit Form-A by email, providing details of yourself, the opposing party, a brief description of the complaint, and the relief you are seeking. Your complaint will then be forwarded to the opposing party to seek their consent for mediation or conciliation. If they agree, you will need to pay a registration fee of Rs500 plus 18% GST, while both parties will share the mediator’s fee of Rs2,500 each. The mediator/conciliator will then call the preliminary on-line meeting of both the parties to explain the entire process of dispute resolution and also explore possibilities of mutually settling the dispute. If this attempt fails, then both parties are requested to file their written submissions along with documents in support of their contentions and then the next date of the meeting is fixed when the mediator/conciliator tries to facilitate amicable dispute resolution without being technical or legal in approach.
The discussions are held in a very positive informal environment and various options are being suggested for resolution. Private sessions can also be held with both parties separately and parties are given a week or two to come with a decision and give their own solutions for settlement. If both parties agree to any settlement then the settlement terms are drawn with the help of the mediator /conciliator, which are signed by both parties. The entire process concludes with success or failure in about a month. In case of failure, the complainant is free to approach consumer court. Settlements reached through such mediation/ conciliation are legally binding on both parties, as per section 89 of the Civil Procedure Code.
Section 74 of the Arbitration & Conciliation Act also confers legal sanctity to settlements reached through Conciliation. Parliament has also passed the Mediation Act, of 2023, which accords legal sanction for settlements through mediation. This Act is expected to be fully operational soon. Mediation/conciliation are recognised legal modes of alternative dispute resolution all over the world. In view of the technicalities of law, complicated legal procedures adopted by courts coupled with frequent adjournments, long delays, unaffordable fees of lawyers and then first appeal, second appeal etc. the parties seeking justice get exasperated.
In such a scenario, ADR through mediation /conciliation provides a better and more effective solution. This is a party-centric dispute resolution where parties themselves are encouraged to find their solution with the help of a trained mediator/conciliator. The absence of advocates helps in speedy dispute resolution. The mutual resolution of the dispute ends in a win-win situation for both parties. Since both parties voluntarily agree on the settlement terms, there is no possibility of non-compliance and no question of appeal and further appeal. Thus the possibility of a long-drawn, expensive legal journey is brought to an end with such mutual settlement.
(Advocate Shirish V Deshpande is chairman, Mumbai Grahak Panchayat. Queries can be sent to him on email: [email protected])
