Redressal System Research Articles

A Consumer Complaints and Grievances Redressal System in Indian Telecom Sector

Purpose. The purpose of this research is to analyses current consumer complaints redressal mechanism adopted by Indian telecom operators and designed by telecom regulator in India. Design/ methodology/ approach. Systematic literature review of research papers, related documents, and consultation papers published by regulator, secondary research through articles, opinions and analysis of consumer complaints registered with Telecom Service Providers (TSP). The paper is based on secondary research through literature review of related journal papers, Telecom Regulatory Authority of India (TRAI) policy documents, consultation papers, news articles along with study of complaints registered with telecom service provides. Findings. The paper analyses the consumer complaint & grievance redressal system in telecom sector in India and imperative need to resolve grievances in a swift and clear manner to make sure continual growth for the telecom sector. The paper specifically analyses Indian telecom diaspora about complain resolution in relation to regulatory authority, existing systems, new developments along with study/interpretation of assimilated complaints to corroborate the research findings. Practical implications. The paper understands major issues which lead to consumer dissatisfaction about redressal mechanism in telecom sector. The paper also covers briefly no of complaints registered with TSPs and appeals accepted. The paper also tries to understand various consumer complaints registered with TSPs and their current status. However, paper is unable to add impact of recently announced telecom ombudsman because of very nascent stage. The study can help to understand what changes are required to make the redressal architecture more effective. Originality/value. This paper furthers understanding of how TRAI functions with respect to consumer redressal. And, it sheds light on current consumer redressal architecture and what changes are required to make architecture effective and more efficient

Bankruptcy Fraud and Victim Redressal System: A Time for Change

The white-collar crimes in India are either underreported or brushed away due to crony capitalistic tendencies. The non-reporting of such crimes renders the victims without any due redressal, which in turn leads to the catastrophic problem of non-availability of an appropriate legal framework or statistics to address the core problem. This then leads to the bigger problem of victimology with respect to white-collar crimes in India. The world faced a similar problem and rather a peculiar one when the US economy was in shambles due to the subprime crisis wherein the banks, regulatory framework, Congressmen and many other parts of the state machinery were part of the inevitable downward spiral of the US economy. Several decades of investigations and analysis of the subprime crisis of 2008 led to the juxtaposition of bankruptcy fraud and its redressal by victim-oriented schemes. The innocent victims had no remedy left except for prosecution which also was not taken seriously by the Attorney General of the USA. This article, thus, analyses the menace of bankruptcy fraud qua its impact on the victims. The article is divided into three parts: Part I analyses the US bankruptcy legal framework and its victim compensation schemes. Part II analyses the UK position of the same while discussing the recent framework for redressal of Insolvency Services and Victim Compensation. Part III analyses India’s current Insolvency and Bankruptcy Code, 2016, the offences under the said Code and the need for its redressal and a greater need for a victim-oriented scheme in order to protect the framework and the innocent victims suffering due to bankruptcy fraud.

The Legitimacy of European Union Competition Policy and the Role of Consumers

Since the 1990s, much debate has existed over the European Union’s （EU） democratic deficit problem. Some theorists argue that, while input legitimacy is essential in redistributive policies, the EU mainly relies on output legitimacy in regulatory policies. However, previous studies have insufficiently analyzed the EU’s exact position on this matter regarding specific regulatory policies. Against this background, this article focuses on the EU’s competition policy―a typical regulatory policy―and investigates a series of policy and institutional reforms conducted by the EU since the 2000s for the promotion of political participation by consumers and consumer organizations. The article will contribute to the literature on the EU’s legitimacy by analyzing the European Commission’s purpose for these reforms, focusing on the case of the failed plan to establish a collective redress system for consumers. Although this plan was not legislated, it constitutes an interesting case study because a decade-long policy debate about it possibly revealed the European Commission’s stance on the issue of consumers’ role in competition policy. The empirical analysis is mainly based on primary sources such as the European Commission’s policy documents, European Parliament resolutions, and responses of stakeholders to the Commission’s public consultations.

Examining Extended DeLone and McLean Model for Online Public Grievance Redressal System of Nepal

This paper is to explore the success factors of the online public grievance redressal system in the Nepal. It empirically tests the conceptual path model developed by DeLone and McLean which consists of six social perception variables with regard to citizen's intention to use the system. The estimates from 577 respondents support all the 13 hypotheses generated from D&L model. People's attitude and social norms are the two most important factors on the continuous usage of the system. It is suggested that the social factors are as much important as technological aspects when it comes to the e-government implementation. It is also suggested that the government should pay more attention to human factors in upgrading the design and development of e-grievance system in the foreseeable future.

CONSUMER PROTECTION IN PRACTICE - TRANSNATIONAL COMPARATIVE ACCOUNT OF COLLECTIVE REDRESS MECHANISMS

This article constitutes a continuation of the research conducted so far in the domain of collective consumer redress in the European Union. The aim of the article is to discuss the issue of various legal mechanisms functioning in the selected EU Member States that serve consumers as a means of collective redress. In the first part of this paper, it was presented that the models of consumer protection vary significantly in the individual Member States. After having scrutinized some terminological remarks regarding consumer law enforcement, the main analysis focuses on the legal solutions adopted in Belgium. In the second part of the discussion, the author presents relevant legal solutions adopted in the UK and the Netherlands. Specifically, the author discusses the various approaches to the issues fitting in the dichotomic scheme, that is, the so-called opt-out and opt-in mechanisms. Special consideration is devoted to the issue of admissibility of collective redress and legal standing to bring collective actions. The paper employs dogmatic and analytical methods for the process of interpretation of the normative material and the analysis of case law. The study uses the comparative perspective to identify solutions emerging from effective practices found in legal systems of the EU Member States. The findings emerging from the analysis show how significantly the Dutch and English systems of collective redress vary. The article also provides some tentative conclusions that would make it possible to decide which legal solutions operating with success in those jurisdictions could be adopted into Polish law.

Az ügyfél jogorvoslathoz való jogának biztosítása mint a közszolgálati tisztviselők kötelezettsége

The study deals with the right to redress, and thus the procedural guarantees of the lawful functioning of public administration, from a particular point of view of the enforcement of client rights. The author, in the general context of the study, begins by discussing the requirement of the lawfulness of public administration, then the content of the right of appeal and its requirements for procedural law. Thereafter, the system of redress of the administrative procedure under the new regulations will be introduced through the processing of the laws on general administrative order and administrative litigation. At the end of the study, conclusions will be drawn that will address both the relationship between appeal and administrative litigation and the new administrative judicial system.

Heading Towards an Effective Mechanism for the Protection of Collective Interests of Consumers – Some Comments on the Proposal for a Directive on Representative Actions

In April 2018, the European Commission introduced a long awaited Proposal for a Directive on represented actions, which aims to modernize the existing European collective redress system. The aim of this paper is to answer the question whether the solutions put forward in this Proposal will improve the landscape of collective redress in the EU. For this purpose, I analyse the existing model of collective consumer redress in the EU, as set forth by Directive 98/27/EC, Directive 2009/22/ EC and Recommendation 2013/396/EU; I also evaluate it from the perspective of its functionality with special consideration of key problematic issues. Against this background, I present the legal provisions put forward in the Proposal for a Directive on representative actions. The comparison of both legal structures makes it possible to give an answer to the question whether the proposed legislation can remedy the existing problems of the collective redress system and, thus, to answer the question whether it will contribute to strengthening the mechanism for the protection of collective consumer interests in the EU.

Integrated Public Grievance Redressal System (iPGRS) A Next-Gen Solution for a Next-Gen Railway

Railways receive millions of service related complaints and grievances from the passengers annually through various channels (web-based, mobile app, social media, phone or paper based etc.). However, these channels are usually disparate, siloed, and heavy with manual processes. For many rail companies, there is no uniform business process or single platform visibility to address these grievances. The result is a high level complexity (multiple channels, differing processes and so on) that increases response times in addressing them. Railway companies in the Asian continent started to semi-automate their complaints processes but the process is not sufficiently robust to survive the large volumes expected in the future. Today, most railways employ a small 'grievance department' with people working in shifts 24x7 and manually handling thousands of complaints daily. Moreover, the penetration of smartphones is leading to a drastic increase in the volume of complaints, resulting in railways having to consider hiring more people. The result of this is two-fold – i) added cost pressures due to increase in staffing and ii) reduction in revenues due to loss of passenger satisfaction. iPGRS is an omni-channel solution that helps railways overcome these challenges. iPGRS integrates grievances from multiple channels onto a single platform, and creates a Service Request (SR)-based workflow that enables monitoring of grievances resolutions. Concerned stakeholders in the grievance department receive these Service Requests as an action item in their workflow and it becomes their responsibility to properly address and close each request. Feedback related to a grievance resolution is integral to ensuring transparency and accountability in a system that handles large volumes of grievances. The iPGRS system also includes many automation techniques, like rule-based engine, text analytics and more, to speed up the whole process. iPGRS offers a 360-degree integrated dashboard for further analysis and service improvements. We developed a prototype and demonstrated this solution to a large passenger rail organization in Asia for their consideration.

Opt-out systems in collective redress EU perspectives and present situation in the Czech Republic

It is common nowadays for a person to suffer an injury as a result of a widespread illegal practice by a particular entity. Individual redress mechanisms prove to be insufficient. It is therefore crucial to provide a suitable way for an injured party to achieve remedy. Collective litigation serves this exact purpose. This article defines opt-in and opt-out systems of collective redress, asseses their strengths and weaknesses and offers possible solutions. The author does not omit two related topics: time limits for opt-in and opt-out, and notice of initiation of the proceeding. The article also contains a comparative study of Danish, Norwegian, Dutch, Portuguese, British and Belgian systems as representatives of opt-out systems. Lastly, the article also describes the current state in the Czech Republic, where a debate is currently taking place over the possible form of collective redress. The aim of this article is to provide a complex view of pros and cons of the opt-out system of group proceedings and to show that the opt-out system can be functional and suitable for collective redress.

A study on relationship among employees on grievance redressal system, morale followed in pharma companies

A study on relationship among employees on grievance redressal system, morale followed in pharma companies

A Framework For Collective Redress (Class Actions) Concerning Violations Of Rights Granted Under Union Law (2013/396/Eu)

The European Commission has been addressing collective redress issues for almost 20 years, initially in particular in the context of consumer protection and competition policy. On the basis of a broader horizontal approach, the Commission adopted a Recommendation on 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union law ('the Recommendation') [pp. 60-65]. The Recommendation established principles which should be applicable in relation to violations of rights granted under Union law across all policy fields and in relation to both injunctive and compensatory relief. It follows from the Recommendation that all Member States should have collective redress systems at national level that follow the same basic principles throughout the Union, taking into account the legal traditions of the Member States and safeguarding against potential abuse. How to cite: Viorescu, R. (2017). A Framework for Collective Redress (Class Actions) Concerning Violations of Rights Granted under Union Law (2013/396/EU). European Journal of Law and Public Administration , 4(2), 13-26. https://doi.org/10.18662/eljpa/10

A Study on the Efficiency of Complaint Redressal System Adopted by Selected Indian Banks and its Association with the Net Profit Earned

Banking is one of the strongest pillars of the Service Sector; a major contributor to India’s GDP sources of credit to both household and industrial sectors. With the advent of globalization and upcoming private banks in India, there is a significant rise in the customers’ expectations resulting in increase in customers’ complaints. In this context, an effective and efficient “Complaint Redressal System” is looked upon not only from regulatory perspective but also marketing support. Awareness about the functioning of “Complaint Redressal System” by the customer and reaction of aggrieved/dissatisfied customers have kept banks vigilant in the competitive market environment. This research paper is an attempt to study the efficiency of “Complaint Redressal System” adopted by both private and public sector banks in India; the paper also undertakes comparative analysis of banks under two types of ownerships in terms of efficiency in resolving complaints, the customers’ perceptions, satisfaction and rating among these two types. Total 1000 bank customers (500 customers each of public sector banks and private sector banks) are surveyed from NCR. Exploratory research (secondary sources and literatures/review) and descriptive quantitative tools on the basis of primary data collect through survey are undertaken by the researcher. Hypotheses tests are done using both parametric test (Z-test) and non-parametric test (t-test, Chi-square test).

The ‘Ombuds Watchers’

This article examines the phenomenon of the ‘ombuds watchers’. These are groups of dissatisfied users of public service ombuds schemes who engage in legal protest against the current system of redress for citizen-state complaints. Through the lens of legal consciousness scholarship we propose a framework that conceptualizes the collectivized protest of the ombuds watchers. Based on an empirical dataset, our analysis shows that the ombuds watchers meet each of the defining characteristics of dissenting collectivism and demonstrates the existence of forms of legal consciousness which present ‘opportunities to build alternative imaginaries and institutions’. Our case study provides an insight into the potential for dissenting collectives to challenge the hegemonic structures of state law, while at the same time emphasising the continuing power of legal ideology in shaping popular understandings of justice. The article also suggests a pathway for future empirical research into user experiences of justice systems.

Factors associated with Integrated Counselling and Testing Center (ICTC) service satisfaction: experience from Chandigarh, India

Background & Objectives: People while availing services at Integrated Counselling and Testing Centers (ICTC) face a lot of administrative and procedural problems which affect their level of satisfaction. This study was conducted at ICTC, Post Graduate Institute of Medical Education and Research, Chandigarh; within the scope of a larger research evaluating the “Quality of Infrastructure and Services available to PLHA”; to analyze the user’s perception about quality of services and factors affecting satisfaction level. Materials & Methods: Exit interviews of 50 randomly selected ICTC clients were conducted with structured questionnaire containing five groups of questions and questions on waiting time and satisfaction level. A scoring system was devised. The satisfaction level was cross matched with group questionsResults: The mean group scores of five groups of questions were: Information, access & guidance for services (42.5%), Behaviour of counsellors (94%), Quality of counselling (77.28%), Physical facilities (65.5%), Confidentiality, discrimination and grievance redressal (67%). All respondents said that counsellors were respectful and 91% found the behaviour of counsellor supportive & helpful, 80% reported that they understood everything that counsellor said. Eighty percent rated satisfaction level as satisfactory or above (6% very satisfactory, 74% satisfactory), 18% indifferent and 2% very dissatisfied. Factors found to be associated with client satisfaction level were counsellor’s response to the concerns and worries of clients up to their satisfaction (p=0.009), illumination in ICTC (p=0.04), knowledge of grievance redressal system (p=0.04) and total time spent in ICTC (p=0.03).Conclusion: This study provided user’s perspective about ICTC service and revealed the factors associated with ICTC service satisfaction level. Better quality ICTC Services can be provided by addressing these factors.

KRYMINOLOGIA RYNKU PRACY

The aim of the article is to bring attention to certain aspects of the labour market which are not in themselves criminal offenses but can definitely be considered as negative. The labour market has already been studied as an arena of market games as well as a place where the rights of the employee are infringed upon. My intention was to apply concepts from criminal science to the labour market. For the purposes of the text, I adopted a broad definition of this science, viewing it as deepened reflection on the state of society, asking questions about the origins of public order and considering the social consequences of negative actions and behaviour. Scholarly works and press articles commonly employ the term ‘labour market’, but this is a misleading designation because unlike in the commodity market, here we are not talking about supply vs demand, while the price is not a key element of free market play. Moreover, the commodity market is all about exchange, the result being a change of ownership status. Meanwhile, in the labour market a special type of social relationship is established, known as employment. Unlike on the commodity market, in the labour market the ‘commodity’ itself, i.e. the person, takes part in making market decisions. To be more precise, we should say that participation in decision-making belongs to the person as the key provider of the commodity sold, i.e. work. The labour market is also an arena of purely social interactions because it is here that the employer and employee meet (also literally). Sometimes this meeting produces negative consequences for one of the parties, although more often for the employee. In this context the role of the state as a regulator that can undertake preventive measures (setting up legal and other types of standards to prevent violations) or follow-up measures (building a system of effective redress should violations occur), emerges. In my view, the complex network of such dependencies and relations as described above should be the focus of labour market criminology. To facilitate description of the social reality considered I propose to introduce a new notion, namely labour market tort. Any action on the part of a market participant that has the potential to infringe upon the rights or holdings of another participant and which endangers common goods such as public order or justice should be considered a case of such tort, as should any action that undermines the economic and social purpose of work. I also propose to develop a new instrument of criminal labour market analysis which I have tentatively called the degree of disturbance on the labour market. This degree could be measured with the number of torts on the labour market per every 100,000 employees. I would also like to propose a theoretical model of analysing violations of public order on the labour market as well as a scheme of dependence between the basic components of the phenomenology of such violations. Departing from the premise that the aim of criminal science is to describe and explain social reality, I have tried to identify areas that are prone to violations of public order on the labour market, which areas could serve to identify types of torts on the labour market. Among these are the purely economic dimension of the labour market, the rights and duties of its participants with regard to one another, the human dimension of work, i.e. work from a social perspective, and finally the so-called arrangement of market forces which determine whether we are dealing with an employee’s or employer’s market. The article also includes a review of the legal regulations pertaining to work, a brief report on pilot empirical research concerning labour market tort, an analysis of data concerning violations of employee rights and an attempt to describe the phenomenon of forced labour as one of the gravest pathologies of the contemporary labour market.

Are We Really Helping Them? – The Needs of Tort Victims in Mass Litigation Environments

AbstractIn the area of mass litigation, little is known about the needs of the individual victim and to what extent these needs are satisfied through the system of collective redress. Are we really helping tort victims through procedures of mass litigation? In response to this question we conducted two studies that focused on the needs of the individual victim in mass litigation contexts. The main results and valuable insights from these studies are presented and compared in this article. We conclude that although the damages have derived from vastly different origins, it is remarkable that some of the needs are rather comparable. Money is not the only need of victims. Sometimes it is not even the primary reason for victims to litigate. Both groups of victims express the need for recognition, taking responsibility, prevention, and information. Moreover, we have found that these victims experience feelings of solidarity, have altruistic needs in multiple forms, and could experience an overwhelming feeling of empowerment in joining a mass litigation process.

Searching for sex- and gender-sensitive tuberculosis research in public health: finding a needle in a haystack.

Despite broadening consideration of sex- and gender-based issues in health research, when seeking information on how sex and gender contribute to disease contexts for specific health or public health topics, a lack of consistent or systematic use of terminology in health literature means that it remains difficult to identify research with a sex or gender focus. These inconsistencies are driven, in part, by the complexity and terminological inflexibility of the indexing systems for gender- and sex-related terms in public health databases. Compounding the issue are authors’ diverse vocabularies, and in some cases lack of accuracy in defining and using fundamental sex–gender terms in writing, and when establishing keyword lists and search criteria. Considering the specific case of the tuberculosis (TB) prevention and management literature, an analysis of sex and gender sensitivity in three health databases was performed. While there is an expanding literature exploring the roles of both sex and gender in the trajectory and lived experience of TB, we demonstrate the potential to miss relevant research when attempting to retrieve literature using only the search criteria currently available. We, therefore, argue that for good clinical practice to be achieved; there is a need for both public health researchers and users to be better educated in appropriate usage of the terminology associated with sex and gender. In addition, public health database indexers ought to accept the task of developing and implementing adequate definitions of sex and gender terms so as to facilitate access to sex- and gender-related research. These twin advances will allow clinicians to more readily recognize and access knowledge pertaining to systems of redress that respond to gendered risks that compound existing health inequalities in disease management and control, particularly when dealing with already complex diseases. Given the methodological and linguistic challenges presented by the multidimensional and highly contextual nature of definitions of sex and gender, it will be important that this review task be undertaken using a multidisciplinary approach.

Redress for Transnational Business-Related Human Rights Abuses in the UK

Around the world, peoples’ lives are affected by the actions of businesses. In addition to positive impacts on livelihoods, ideas or technologies, business activity is also sometimes associated with significant human rights abuses, for example through land dispossession and forced resettlement, exploitation of workers, environmental damage or harm to people’s health. Access to remedy for these abuses is frequently impeded by failures of domestic legal systems, limited options in terms of redress mechanisms, significant structural imbalances of power between corporations and local communities, and distance — geographic, cultural, bureaucratic, political and economic – from decision-makers and established redress mechanisms.This report contributes to ongoing debates about how the United Kingdom can best fulfil its obligations to enable people affected by human rights failures of UK companies abroad to access remedy, with a particular focus on the distinctive role of non-judicial redress systems. The report asks: what effects do transnational non-judicial mechanisms have? Under what conditions do they contribute to human rights remedy? And how can the design and operation of non-judicial redress mechanisms be improved?Analysis of these questions draws on empirical research carried out over a period of three years into communities and workers pursuing remedy from grievances in garment and footwear, mining, industrial and agribusiness sectors in India and Indonesia. In the case studies we examined, workers and communities sought justice using a variety of strategies including organising and protesting, transnational campaigning, court cases, negotiation and making complaints to non-judicial mechanisms at the national and transnational level. This research paints a rich picture of the complexity, difficulty and often limited success of communities and workers seeking remedy or justice for human rights abuses through non-judicial as well as formal redress channels, leading to a number of key findings.

The role of class actions in ensuring effective enforcement of competition law infringements in the European Union

This article analyses the European Union competition law enforcement system and its developments. Data shows that the current European Union competition law enforcement system is ineffective. The systematic analysis by the author of the United States competition law enforcement system shows that an opt-out class action mechanism for competition law enforcement established in the United States enables effective enforcement of competition law. Whereas, there is no uniform collective redress system across the European Union. The national regimes of European Union Member States regarding collective redress are diverse. These considerations implies the need for a uniform collective redress system across the European Union.

Medical Liability in Europe at the Dawn of Cross-border Healthcare: Time to Reflect on the Possibility of Harmonising the Policies Regarding Medical Liability?

Due to the incorporation of Directive 2011/24/eu into national legislations European citizens will seek cross-border healthcare services. However, medical errors are an inherent part of medical practice. Major differences in European redress systems might create an environment of legal uncertainty and reduce the confidence of patients in seeking cross-border healthcare. After assessing European citizens’ perception regarding errors, we will try to examine if the aforementioned uncertainty is clarified by the eu legislation. Given that formal harmonization measures have not been legislated, the total convergence of redress systems is currently infeasible. Nevertheless, Member States could achieve a natural convergence through the reform of their national rules and the gradual adoption of common principles. The article will try to propose these principles and emphasize the key objectives reform in this area should aim at, in order to be effective in both enhancing legal certainty and balancing conflicting goals.