Tag Archives: dispute redressal

proxy advisors

SEBI has issued two circulars, both dated 27th August, 2020 wherein they have extended the time line for compliance of procedural guidelines for proxy advisors and the dispute resolution mechanism between listed entities and proxy advisors by 4 months. Now they will become applicable from 1st January, 2021 onwards.

https://www.sebi.gov.in/legal/circulars/aug-2020/procedural-guidelines-for-proxy-advisors-extension-of-implementation-timeline_47412.html

https://www.sebi.gov.in/legal/circulars/aug-2020/-grievance-resolution-between-listed-entities-and-proxy-advisers-extension-of-timeline-for-implementation_47424.html

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online dispute resolution

RBI has mandated setting up on an online dispute resolution (ODR) system for digital payments by banks and non banks and authorised payment system operators. It will be a system driven, rule based mechanism with minimal human intervention. Initially the ODR will be for failed transaction by January 1, 2021 Any entity setting up a payment system in India thereafter or participating therein, shall make available the ODR system at the commencement of its operations. Based on experience gained, ODR arrangement would later be extended to cover disputes and grievances other than those related to failed transactions.

There are some minimum requirements for ODR to be maintained which are as under:

Minimum Requirements of the ODR System
1. Applicability1.1. These requirements apply to all authorised Payment Systems Operators (PSOs) – banks and non-banks – and their participating members [Payment System Participants (PSPs)].2. Concept of the ODR system
2.1. The ODR system should be a transparent, rule-based, system-driven, user-friendly and unbiased mechanism for resolving customer disputes and grievances, with zero or minimal manual intervention.
3. Structure of the ODR system
3.1. Each PSO shall make available an ODR system for resolving disputes and grievances arising out of failed transactions and provide the participating PSPs an access to the system.
3.2. The PSO and its PSPs shall provide the customers an access for lodging the disputes and grievances relating to failed transactions, irrespective of such transactions being on-us or off-us in nature.4. Types of transactions covered under the scope of the ODR system
4.1. To begin with, disputes and grievances relating to failed transactions shall be covered under the ODR system. The scope, thus, includes all transaction types mentioned in the RBI circular DPSS.CO.PD No.629/02.01.014/2019-20 dated September 20, 2019 on “Harmonisation of Turn Around Time (TAT) and customer compensation for failed transactions using authorised Payment Systems”.
4.2. All provisions, including those relating to TAT and compensation to customers mentioned in the above circular need to be adhered to while resolving disputes and grievances using the ODR system.
5. Lodging and tracking of disputes and grievances5.1. Customers shall be provided with one or more channels – web-based or paper-based complaint form, IVR, mobile application, call centre, SMS, through branches or offices, etc. – for lodging disputes and grievances. As mentioned above, such facility shall be provided by the PSO as well as by the PSP (the issuer institutions with whom the customer has a relationship) with a mechanism to link / access the ODR system put in place by the PSO. The industry may progressively increase the variety of these channels.
5.2. In addition to the above channels, in case of mobile phone-based systems like Unified Payments Interface (UPI), third party app providers (TPAPs) shall also provide customers with a facility to lodge disputes and grievances through the same mobile app used for making payments, which shall be integrated with the ODR system.
5.3. The process of lodging the dispute or grievance shall be simple and involve only necessary minimum details. The ODR system should be made capable of automatically fetching full details based on the information provided by the customer. The aspect of data confidentiality shall specifically be taken care of while designing such parameters.5.4. Once a customer has lodged the dispute or grievance, a unique reference number shall be allocated by the ODR system. Facility shall be provided to the customers for tracking the status of the dispute or grievance using this reference number.

Copy of RBI circular can be found here

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