Access To Justice In The Digital Age: A Study Of ODR In Consumer Disputes
- IJLLR Journal
- 10 hours ago
- 2 min read
Ridhi Nehra, LL.M., School of Law Justice & Governance, Gautam Buddha University, Greater Noida, U.P.
Mr. Sagar Kadyan, Assistant Professor, School of Law Justice & Governance, Gautam Buddha University, Greater Noida, U.P.
ABSTRACT
Digital transformation of society has had a dramatic impact on the delivery of justice, especially in the context of consumer dispute resolution. The number of consumer complaints of faulty products, unfair trade practices, late delivery and online fraud has risen significantly in the era of advance ecommerce and digital payment system. Traditional DRAs often have difficulties with procedural delays, litigation costs, geographical barriers, and judicial backlog, meaning that consumers have limited access to DRAs. Online Dispute Resolution (ODR) is in this context also an innovative technology-based system for the resolution of disputes quickly, cheaply and easily.
This research paper focuses on examining the role of ODR with a critical perspective to better access to justice in consumer disputes in the digital age. The study involves an analysis of the functioning, evolution and concept of the ODR mechanisms, such as internet negotiation, mediation and arbitration. It also analyses the legal regime of ODR in India including the Consumer Protection Act, 2019, the Arbitration and Conciliation Act, 1996 along with the Information Technology Act, 2000. The paper also explores the increasing acceptance of virtual hearings and electronic proceedings in Indian courts.
The paper concludes that ODR can change the face of consumer justice system with its promise of supplying consumer with quick and cheap remedy, after analysing the related case laws, policy reports, and literature. India, however, needs more legal control, institutional assistance, technological inclusivity, and advocacy to promote awareness among consumers for effective impenetration. The study concludes that ODR can and should be a valuable tool in the toolbox of traditional courts and can play a significant role in enhancing access to justice in the rapidly evolving digital economy.
