which is the forum complaint against ODR institution

893 votes

For disputes in the Indian securities market (e.g. between you and a broker, listed company, or other regulated intermediary) the ODR mechanism is formalised via the SMART ODR Portal. If you think the ODR institution (or arbitrator/conciliator) mis-behaved or mis-handled your case, the first step is to submit a grievance via the SCORES platform — the central grievance redressal system maintained by SEBI.

Advocate Pankaj Bajaj LawRato

689 votes

First, if the ODR institution is empanelled or promoted under government initiatives, a complaint may be lodged with the Ministry of Electronics and Information Technology or the Department of Consumer Affairs, especially where consumer disputes, transparency, or unfair practices are involved. Second, if the dispute resolution amounts to deficiency in service, unfair trade practice, or misleading representation, an aggrieved party can file a complaint before the appropriate Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019. Third, where arbitrators or mediators associated with the ODR platform violate principles of natural justice, bias, or confidentiality, the affected party may approach the civil court or High Court having jurisdiction, seeking appropriate relief such as injunction, declaration, or damages. Fourth, if the ODR process is used to illegally conduct arbitration without compliance with the Arbitration and Conciliation Act, 1996, remedies under Section 34 (setting aside award) or Section 37 (appeal) may be invoked. Additionally, complaints can also be made to professional bodies, self-regulatory organizations, or data protection authorities if privacy or data misuse is involved.

Advocate Tanveer Ansari LawRato