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Legal Observer, SoftSettle Support

Mediator Affair could able to solve a very complicated consumer dispute which would have been a one-sided affair, had it been managed by a Consumer Redressal Forum or a Consumer Court.

Probably it would have been a combination of negligence, intention and strict liability or separated torts, ultimately the process of litigating each of them is basically the same.

In case of litigation, the plaintiff could have proved and established that the defendant owned a duty of care to the plaintiff and further the plaintiff must have proved it as a breach of that duty of care. A plaintiff must have proved that the defendant’s act or omission caused the plaintiff to be exposed to unreasonable risk of no relief as the defendant offered. In other words, the defendant failed to meet their obligation to the plaintiff and therefore onus of felony or fault is with the defendant only.

Now the issue has been bought to be tried using the online cloud based resolution platform Mediator Affair. The consumer dispute is supposed to undergo the arbitration and mediation tool under the auspices of Mediator Affair. The Consumer ODR as a new democratic mechanism, being adopted by the digital platform Mediator Affair helping the consumers resolving their disputes with traders/business and on the other hand, the virtual managers of dispute (arbitrators or mediators) could able to facilitate in order to reach a common settlement in resolving disputes between consumers and businesses. In ODR process, online arbitrator or mediator deemed to be   the “fourth party” can provide some of the democratic values, by assisting the parties to identify common interests and by helping them to generate mutually acceptable solutions to reach consensual agreement.  

The democratic value upheld by Mediator Affair in the ODR process after diagnosing or dissecting the case has to be revealed with the case and facts. You can analyse how far the outcome of the resolution or online settlement could turn out to be a new democratic process, thus revolutionizing the judiciary.

Pre-concept action in the mind of the consumer particularly the ladies are there after observing different types of advertisements regarding the particular establishment’s efficiency to beautify the ladies and being allured many ladies go to such centre for getting some misleading implant relief and to make them beautify or to remove their stretch mark etc. But ultimately they are being deceived.

Case Facts

Mrs. Asha being allured by the hoarding and advertisement for redressal of such problems of slack of lower and middle abdomen she went to that establishment for getting relief and as per the demand of the opposition party (Business/Cosmetic Surgical Company), complainant paid a total sum of Rs. 70,000/- and for such treatment she went to the said establishment on different three days to remove her stretch mark and also for removing her slack abdomen. Treatment was done but no

result was received and that was reported to the opposition party by the complainant but the Surgical Company did not take any further step or did not give her any relief.

Mrs. Asha instead of filing a law suit resorted to arbitration under the auspices of Mediator Affair where the business or cream manufacturing company offers its consent. This attitude took the result of the case in a different manner which could have been one sided affair had it been resolved by means of court litigation and the business or manufacturing company could  have been taxed heavily under the impression that they got involved in unfair trade practice.

Mediator Affair has found a new dimension in the case after assessing the reasons for the disputes got dissected and diagnosed in a proper way so as to bring the settlement between the disputing parties.

The Resolution

The business/surgical company got exonerated in this consumer case. How?

It is later observed by the experts in the arbitration process that there is no way to prevent stretch mark, there is no cream or lotion can do that. It is also confirmed that it is always a good idea to keep skin hydrated with a rich lotion or cream, especially makes it full better looks like smooth tan and help in itchiness just with a growing belly. But that must be started from the date due to pregnancy and the same can be used but lotion etc. can be used only to prevent, prior to delivery but not after delivery.

The intention of the business or surgical company is not to cheat the consumers at any cost. But the way how they campaigned for their products was misleading to an extent where they have unnecessarily dragged their lotion emphasizing the advantage like that of the cream. Further, they have not deliberately try to put the consumers in the docks so far they have clearly disclosed the consumption should start from the day of pregnancy which the consumer negligibly overlooked. Hence through Mediator Affair, the business or surgical company got relieved from the crime of unfair trade practice. Still as the business/surgical company faltered in the campaign, they have to set off with the consumer a 40 percent of the total fees.