The requirement of appointment of Grievance Officer stems from the Rule 3 of IT Rules 2011: Intermediaries Guidelines, which reads as follows:
Due diligence to be observed by intermediary
(11) The intermediary shall publish on its website the name of the Grievance Officer and his contact details as well as mechanism by which users or any victim who suffers as a result of access or usage of computer resource by any person in violation of rule 3 can notify their complaints against such access or usage of computer resource of the intermediary or other matters pertaining to the computer resources made available by it. The Grievance Officer shall redress the complaints within one month from the date of receipt of complaint.
In the recent matter of SHREYA SINGHAL VERSUS UNION OF INDIA dated 24 March 2015, wherein Section 66A of Information Technology Act was struck down. It also properly interpreted provisions as to Section 79 as to exemption available to Intermediaries and rules 2011 there under, accordingly held as follows:
Section 79 is valid subject to Section 79(3)(b) being read down to mean that an intermediary upon receiving actual knowledge from a court order or on being notified by the appropriate government or its agency that unlawful acts relatable to Article 19(2) are going to be committed then fails to expeditiously remove or disable access to such material. Similarly, the Information Technology “Intermediary Guidelines” Rules, 2011 are valid subject to Rule 3 sub-rule.
In any case, it is quite necessary that you have a grievance officer at your website to respond to the various complaints received to minimize the liability as an Intermediary under Indian Information Technology Law. This has already been upheld very specifically in the matter of Amitabh Thakur V Union Of India, wherein it was ordered that the Government of India should ensure within three months that as per Rule 11, all the intermediary publish the name of the Grievance Officer and his contact details on the social networking websites.
To take an example, recently a cyber crime case was registered with local Police against some websites at New Delhi recently, wherein during investigation only one of the website was found to be complying with Information Technology Laws by providing proper Legal pages and Grievance Officer, therefore was exempted of any kind of liability. While others are being tried in Delhi’s criminal court and face years of hardship, while they try to defend themselves and will be equally liable as the persons who made the post/comment on their website !
what is the penalty for not having a grievance officer
Dear Sir
Today I have received delivery of my Snapdeal booking Order ID: 34576191524.
I have A Serious issue with this product weight which was actually not upto mark as define during the Shopping promo by Snapdeal. actual weight @75 gm per piece in place of 100 gm by such misleading act you may be charged under the section of 420 of the IPC 1860 .
Kindly Note down my Complaints regarding this mischief behavior and compensate us accordingly. as only replacement can not be solution of this major misleading act..
Kindly Elaborate your action against this complaints because it give us direction to move on next step or any legal action against such incident.
Regards:
Vinay Shukla
Mob: 9312622228
Hi Team,
I am not getting proper support from Flipkart customer care executive for the above order Id: OD118714910504918000.
There are multiple follow ups on this product. I am suppose to get resolution of the escalated ticket (Ticket no: IN2005252137143550611) on 27th May 2020. Till now there is no resolution on this issue.
I would like to give some background on this issue.
After placing the order, I check the status and could see that Packed and Shipped date is on 3rd June 2020 and Delivery date is on 28th May.
I raised this concern on the same day and followed up continuously but didn’t get any response from Flipkart support team.
They have mentioned that there is a glitch in Packed and Shipped date, to resolve the issue they have created the above ticket but yesterday, 27th May when I checked for the status of the product I see that there is no progress and the resolution date is changed to 28th May. Now it is again changed to 2nd June 2020.
May I know what is going on with this order and when can I get my order.
Please note, I have placed this order as I saw that Flipkart will get this order delivered by 28th May. If I am not receiving my order by 28th May, today then the purpose of raising this order is not fulfilled.
I have spoken with on of the Customer care executive (Rishab Bundela on 2020-05-28 around 9:21 pm), he has suggested me to cancel the product and was not ready to help.
Now they are asking me to wait till 2nd June to get resolution on this issue. To get information on the product if Flipkart is taking 9 days then I have to say that, complete process which Flipkart follows, is a big failure.
I am frustrated by Flipkart customer service support.
Looking for your reply and support on this ASAP.
Kindly contact me as soon as you can.
Registered mobile number: 8978159859
Registered mail id: live.arup@gmail.com
Product name: LG 1.5 Ton 3 Star Split Dual Inverter AC