CDOS-Objective

The customer centric organizations understand the importance of hearing consumer disputes and
giving the consumers the power and efficient dispute resolution process with neutral redress so
that consumers always feel empowered. This not only protects brand reputation, but also saves the
company unnecessary loss of unnecessary time, resources and money.

With an objective to provide an independent and transparent grievance mechanism, companies

are adopting consumer ombudsman services to achieve this purpose.

The Consumer Disputes Ombudsman Service is an independent Ombudsman service of

Federation of Integrated Conflict Management (FICM). CDOS appoints independent Ombudsmen
and administers the dispute resolution mechanism for the good of companies and their
consumers. The organization ombudsmen take an impartial view without any external or internal
influence for resolution of disputes in the best interest of the Company and its Consumer/s.

Standard operating procedure for

making a complaint
A. PROCESS FOR MAKING A COMPLAINT :

The following is the process that needs to be followed to refer a grievance to CDOS:

1. An existing customer or multiple customers or a group of customers represented by a

customer can refer his/their grievances to the Company through its internal Dispute
resolution process.
2. The company shall endeavor to satisfactorily resolve such grievances within eight weeks
(or such extended period duly recorded in written communication by either party/s) of
receipt of such formal communication of grievance (with necessary supporting papers and
documents) from such Customer/s.
3. In the event the company’ internal mechanism fails to find a solution within such period of
eight weeks and/ or if the Customer is not satisfied with the response and resolutions
received and proposed from the company, he shall have the option to refer his matter to
CDOS.
4. Once either party (the Company or the customer) decides to refer a grievance to CDOS
services, he can write an email at ..........................................,with details of the
grievances and issues, with necessary supporting papers and document and remedy/
expectations sought from other party.
5. Once a matter is referred to CDOS by either party, the CDOS shall endeavor to resolve
the dispute and complete such proceedings within four weeks (or maximum of five weeks)
of such formal request made.
 6. In the event, a group of Customers represented by a customer for Filing the complaint with
CDOS services, the same shall be accompanied by an appropriate Letter of Authority in
favour of such representing customer.
7. The option of reference to CDOS services is exclusive and restricted to the Customer/s of
the Company in person and not through his/her/ heirs, executors, administrators,
successors and legal representatives etc.
8. A Customer cannot refer his/ her grievance for resolution to CDOS services in the
following instances:

i. The Customer has not first attempted to resolve the grievance directly with the
Company
ii. The grievances are frivolous or vexatious
iii. The referred grievance is/are currently being, or has in the past been subject
matter of court proceedings
iv. The Customer has not submitted the dispute within the required or reasonable
time
v. Dealing with the grievance would seriously impair the effective operation of CDOS
services

B. PROCEDURE FOR RESOLVING A GRIEVANCE

1. Once a matter is received by CDOS, through either party on certain grievances, the Case
Handling Team of CDOS shall endeavor to close such grievance over the phone or email
and through an early response mechanism (“Early Resolution”). Personal meetings may
not be necessary at this stage. All such telephonic discussions shall be recorded for the
purpose of the proceedings.
2. However, if the grievances are such that it needs to be deliberated face to face between
both the parties (either in person or via video or teleconferencing where consumers cannot
be present due to long distance travel requirements or for other reasons), based on the
documents and information provided, the Case Handling Team of CDOS shall decide
upon the most appropriate process to resolve such grievances by conducting a maximum
of two meetings. In such cases of Detailed Resolution, the Case Handling Team of CDOS
may call upon such documents required for such investigation from either parties and also
may appoint such technical third party/ person/s who are professionally qualified to
provide technical inputs.
3. Once an effort for the resolution of dispute by the Case Handling Team of CDOS does not
bring appropriate results, or that the Case Handling Team at the outset only feels that the
grievance is worthy of being heard by an independent neutral Ombudsman only, the same
shall be referred to an Ombudsman.
4. The parties will be given a chance to appoint an Ombudsman of their choice by mutual
consent out of the panel of experts, named MCN (Mediation and Conciliation Network)
displayed on the website of FICM, www.mediationhub.in or even a person not on the
panel of experts of FICM, and FICM shall make an endeavor to engage that particular
expert neutral as the Ombudsman.
5. Once a matter is received by the Ombudsman through either party, within 2 days of
receipt of grievance the Ombudsman shall go through such grievances and call for
additional information and documents (if required) and further queries from parties
forthwith. The parties shall provide such information and documents within 5 days of
receipt of request from such Ombudsman.
 6. The Ombudsman shall endeavor to resolve such early resolution or Detailed Resolution (as
the case may be) within a period of 2 weeks from the date of receipt of grievance by the
Ombudsman. The Ombudsman shall thereafter provide its “award” and findings within 1
week post the proceeding. However, in any event, the entire proceedings shall not take
more than four weeks from the date of receipt of grievance by the Ombudsman.
7. The “award” of the Ombudsman shall be in writing reasoned with the facts of such
grievances, documents relied upon while resolving, including but not limited to reports
submitted by professional and technical third party/s and the final outcome/award or
default (if any) by either party.
8. If the Ombudsman believes that the Company has acted unfairly or contrary to law, the
Ombudsman will make a recommendation in writing to remedy the error and provide
reasoning. Alternatively, if the Ombudsman believes that the Company has acted fairly he
will express the view to the Customer in writing and explain his reasoning.
9. The said “Award” shall be sent through Registered Post AD to the communication address
and email address mentioned by the parties.

CDOS dispute Handling Team, Experts

Panel & Ombudsman
Our Dispute Handling Mechanism is divided into 2 main departments, the ‘Complaint
Handling Team’ and the ‘Ombudsman’s’ office.

Complaint Handling Team

Our Complaint Handling Team receives all initial complaints from consumers and collates
the relevant information in relation to complaints, from both company and the consumer.

The Complaint Handling Team’s role is to review all documentation and information in
relation to each complaint and to make a recommendation for resolution. Most of the
cases will be resolved by our expert Complaint Handling Team but in case some disputes
are not resolved by the Complaint Handling Team, the complaint is passed on to the
Ombudsman’s Office for determination.

The Complaint Handling Team comprises of expert dispute resolvers including legally
qualified person (lawyers) with minimum 5 years of experience.

In the overall management and governance, the FICM Board of Directors and Governing
Executive Body also consists of legal luminaries and other highly seasoned experts.

Ombudsman’s Office
All of our ombudsmen are Expert Neutrals and come from diverse backgrounds with
minimum experience of over 20 years. They are either subject matter experts, or have
been judged as being ‘competent’ in their knowledge of the law and who possess the
necessary knowledge and skills in the field of out of court or judicial resolution of
consumer disputes, to be able to carry out their functions competently.

The Ombudsmen on our panel are a mix of Industry veterans, Subject Matter Experts.
They include -

• Ex Judges
• Lawyers from various Jurisdictions
• Expert Qualified Mediators
• Corporate CEO’s, CFO’s, General Counsel
• Ex IAS, IPS, Government and Defense Services Officers
• Civil Society Members
Consideration of Services – Cost of CDOS
Services
CDOS shall be entitled to the following consideration for its services:

• INR 5,000/- for initiation and filing process management

• INR 10,000/- if the case is resolved very early at the level of CDOS internal case
manager
• INR 50,000/- for one detailed hearing by the ombudsman’s office if the case is heard
by an independent Neutral appointed from the panel of MCN.
• INR 40,000/- for each detailed hearing for complex cases requiring more than one
hearing

Miscellaneous/Other Costs/ Fees:

In addition, CDOS charges separately for certain costs incurred in the administration, as
well as for any disbursements to third parties made on behalf. Such costs and
disbursements include, for example, the following: meeting venue, travel-related
expenses, computer-assisted research, transcription, investigators cost and other
outsourced services like the opinion of an expert etc. Provided however any such costs
shall be incurred only after prior written approval and in exceptional cases.

NOTE:

It is recommended that the company bears the cost of redress to make it more
inviting for the consumers to opt for this service fbefore looking for any other
forum of redress.

However, there are various models companies may want to adopt, depending on
the industry and organizational policy, in the best interest of their own
consumers:

Fee sharing models

The Company may decide the model of sharing cost and fees of CDOS with the
consumer, such as:

MODEL I : EQUAL SHARE

• The Company and the Consumer share the costs of CDOS services equally, with
prior information to the consumer to this effect, beforehand.
• The ombudsman may require the customer to deposit an advance for the services.
The Company shall endeavor to assist CDOS in this regard.
MODEL II : OMBUDSMAN’s CALL

• In the event that the award is in favour of the customer, the Company shall make
payment of the services performed and costs incurred.
• In the event that the award is in favour of the company, the customer shall be
required to make payment of the services performed and costs incurred and the
company shall not be liable in this regard.
• The ombudsman may require the customer to deposit an advance for the services.
The Company shall endeavor to assist CDOS in this regard.
• In case, the decision by the Ombudsman is partly in favour of the consumer and
partly in favour of the Company, or if the case is settled through mediation and
conciliation, the Ombudsman shall also define the ratio of cost bearing between the
Company and the consumer according to the merits of the case.

MODEL III : COMPANY’s CALL

The Company shall bear the entire costs and fees involved.

Note: The Company may decide on adopting one of the above noted models on
a case-to-case basis or on a uniform basis irrespective of the merits of the case.
CDOS- FAQ’s
1. When can consumers take a complaint to CDOS (Consumer Disputes
Ombudsman Service)?

Before consumers can use CDOS (Consumer Disputes Ombudsman Service), they must
go through the company’s formal complaints process.

2. How do consumers make their complaint to CDOS (Consumer Disputes

Ombudsman Service)?

Consumers can make complaints to the email ID provided on the website of the
Company. They can send written evidence related to the case.

3. What will the CDOS (Consumer Disputes Ombudsman Service) do with

consumer complaint?

Normally the first step is to clarify the complaint and identify the issues with consumers.
The same shall be done within 2 days from receipt of the complaint.

Once the complaint is clarified, Case Handling Team at FICM will then convey the
complaint to the company, inviting the company to respond. As far as possible the Case
Handling Team will attempt to establish the facts of what has happened and then to
assess the fairness of the company’s action.

If the CDOS Case Handling Team at FICM is initially satisfied with the company’s
response or if it is necessary to clarify information, the complainant will be contacted and
invited to respond to the information received from the company. This process shall be
completed within 5 days from the date of receipt of the complaint.

The CDOS Case Handling Team at FICM will look at consumers’ complaint and work with
the company to resolve the issue within time frame of 7 days. If the issue is not resolved
by the Case Handling Team at FICM after organizing a maximum of two face-to-face
meetings, the issue will be forwarded to the designated Ombudsman. The Ombudsman
will then work with the consumer and the company to decide what the outcome should
be. The Ombudsman is independent and impartial individual which means he/she won’t
take sides. The ombudsman looks at the evidence sent in by both sides and arguments
made by them and decide what should be done. Initially consumers don't have to meet
the ombudsman at the stage of submitting their arguments, so they can avoid the stress
of presenting their evidence face to face.

In few cases, where the consumers want to meet face-to-face or the issue at hand is
complex, the Ombudsman will serve a date to the consumer and the Company
representative to come face-to-face for presenting evidence and explaining their case/
arguments further. The venue for the meeting will be also communicated to the
consumer and the Company. Normally it will be the premises of the Ombudsman or one
of the defined venues listed and provided by FICM in that city. In case the meeting
requires a specific venue in a particular city which is not listed, the same will also be
arranged by FICM. The face to face meetings and the entire process shall be completed
within a period of 2 weeks.

That in any given scenario, the entire process at CDOS shall be completed within a
period of 4 to 5 weeks from the date of receipt of the complaint/case.

Conciliation

In a Face-to-Face situation, CDOS Ombudsman may refer the matter for conciliation.
This is when all parties are brought together to attempt to find a resolution.

This option may be preferred if the Ombudsman considers that an outcome acceptable to
both the complainant and the agency may be achieved. If this option occurs, an officer
from Ombudsman will convene and chair a conference with the parties. The aim of such
a conference is initially to clarify issues with the parties, and then to attempt to identify
possible solutions. Conciliation is a voluntary process and if either party declines to
cooperate then the Ombudsman will not proceed with this approach.

Investigation

The Ombudsman office may consider it necessary to interview relevant witnesses. The
form of the investigation and the manner in which it is conducted is at the discretion of
the Ombudsman and will vary according to the circumstances of the case.

Once all relevant information is obtained, the Ombudsman will form a provisional view
about the company’s actions. Both consumer and the company may be informed of this
view, and invited to provide comment in response.

In case, the issue needs further investigations, the Ombudsman may appoint an
investigator to investigate all the points that are crucial to the case and may want to
reserve a future date to determine the outcome of the case after due deliberations and
communications with the company.

In complex cases, up to maximum three meetings may be required for the Ombudsman
to come up with a solution for the determination of the case.

Notwithstanding any of the terms herein, it is agreed that CDOS shall complete and
communicate to the Company and the customer the final “award” within a total of 4 to 5
weeks from the date of receipt of the complaint. In the event of any complex issues, the
parties shall mutually agree on the period required to resolve the issue in good faith.

4. What will the outcome be?

If the CDOS Ombudsman believes that the company has acted unfairly or contrary to
law, the Ombudsman will make a recommendation in writing to remedy the error and
provide reasoning for the same. Alternatively, if the Ombudsman believes that the
company has acted fairly he will express this view to consumer in writing and explain his
reasoning.

In case the Ombudsman makes its decision which is agreed by both the parties, they
shall sign a mutual agreement to this effect which will be binding between the Parties.

5. What if consumers are not happy with the CDOS ombudsman's decision?

Consumers can still take court action if they're not happy with the decision but the court
may take the CDOS ombudsman's decision into account if the company presents it when
they make a decision.

6. Does the ombudsman decide who is right or wrong?

No. Ombudsmen do not determine whether ethics violations have occurred, rather they
anticipate, identify, and resolve misunderstandings and disagreements.

7. How long does the ombudsman process take?

Disputes can often be resolved through the ombudsman process in as little as a few
hours or days, depending on the availability of the ombudsman and the parties.

8. Is the ombudsman process confidential?

Yes, the allegations, discussions, and decisions made in ombudsman proceedings are
confidential and may not be reported or published by the board, any member of a
tribunal (including the ombudsman), or any party under any circumstances.

9. Why CDOS may not accept few complaints?

We decide the best way to resolve the complaints we accept. There are some reasons
why we will not accept complaints, for example:

• The customer has not first attempted to resolve the complaint directly with the
company
• The dispute is frivolous or vexatious
• The dispute is currently being, or is a part of present or past court
procedures
• Dealing with the dispute would seriously impair the effective operation of
Ombudsman Services
• The complaint is after required or reasonable period.

10. What CDOS can deal with?

We can deal with complaints about:

 • Manufacturing Defect in goods
• Non satisfactory after sales servies
• Failed/delayed delivery of goods
• shoddy workmanship in the goods
• Pricing issues
• MCN’s Consumer Ombudsman Services has absolute discretion to decide whether
a complaint is within its terms of reference.

11. What CDOS cannot deal with?

We cannot accept a complaint if:

• The complaint appears to be frivolous or vexatious.

• The complaint is not about goods or services.
• The complaint has been or is subject to court proceedings, arbitration, or
other independent procedure for the resolution of the complaint. Unless
there is proof that the process has been abandoned or suspended.
• Dealing with the complaint, or a complaint of its type, would seriously
impair the operation of Ombudsman Services.
• The complaint is after a period the required or reasonable time.