Constitution of a Dispute Arbitration Committee:
Progressive Channels Association of Information Technology (PCAIT), the elite Membership body of all channel partners, companies engaged in IT and IT enabled services and IT Media are happy to announce the formation of a DISPUTE ARBITRATION COMMITTEE in response to many members’ constant plea for intervention by PCAIT for resolving disputes among PCAIT Members vis-à-vis non-members and Vendors. This Panel has been duly approved by the Executive Council in its meeting held on 15th August 2013
Objective of the Committee
The objective is to resolve disputes among PCAIT Members, between Members and non-members and between Members and Vendors.
This Committee has been formed keeping in mind the millions of payment default disputes particularly relating to Sec 138 of the Negotiable Instruments Act of 1881, pending in courts. The Courts are already overflowing with other cases as well as these. The Courts have also advised in most instances to resolve these disputes through out of court compromise and settlement. This Panel will help in resolving such disputes pending in courts as well as others, as far as possible, to the mutual benefit and satisfaction of all the parties concerned.
Its composition is as follows:
1. Mr. Alok Kumar (Soft-mart Solutions) Executive Council
2. Mr. Anuj Modi (Modi Infosol Pvt. Ltd.) Executive Council
3. Mr. Ajaya Kumar (Park Network P. L.) Executive Council
4. Mr. Kapil Wadhwa (Champion Computers P.L.) Executive Council
5. Mr. K. K. Sharma Executive Secretary
Following are its guidelines, Functions and Working Norms and Roles and Responsibilities.
Guidelines
1. The Arbitration Committee shall function within the parameters of PCAIT’s Executive Council as provided in the Rules.
2. This Panel shall meet at least once in a month or more as may be needed.
3. Whenever a complaint is received, the Panel will meet within a week to decide if the complaint is maintainable or not.
4. Complaints received will be resolved as best possible to the mutual interests of both the parties to a dispute and as early as possible.
5. There shall at least be two members in any meeting of the Panel.
6. As per agreed norms of PCAIT all decisions by the Panel will be arrived at unanimously.
Functions and Working Norms.
Functions and Working Norms.
The Panel will
1. Issue advisories to all the Channel community including all PCAIT Members on all matters relating to business transactions, legal or otherwise.
2. Create awareness on Disputes and Defaults among PCAIT Members inter-alia and vis-à-vis Channel Partners.
3. Accept complaints from Channel Community against one or more PCAIT Members or vice-versa ensuring that one of the complainants is an existing PCAIT Member.
Roles and Responsibilities
1. The Panel’s role will primarily be, advisory, mediatory and arbitrative with no legal involvement or implication.
2. Jurisdiction of the Panel will be the National Capital Region of Delhi.
3. The Panel will entertain complaints and involve itself on disputes and defaults pertaining to Payments, Vendor incentives, End-user issues and employee desertion.
5. All aggrieved parties may submit their complaints with all relevant details of the dispute/ default with adequate proofs in a sealed envelope at PCAIT’s Secretariat at 404, Vishal Bhavan, Nehru Place. All these details may also be sent electronically in advance through E-Mail to “V. Krishnan” at pcait.delhi@gmail.com and also please post the details in the defaulter page of the Website www.pcait.in
Wherever cases have been registered under Section 138 of Indian Negotiable Instruments Act of 1881, Complainants have the option to give to the Panel, all the details including the case number, defaulting party’s details, with photocopy of the dishonoured cheque and such other details and proof as are relevant and pertinent to the specific issue so that the same may be used by PCAIT as deemed necessary and appropriate by the Panel.
Powers of the Dispute Settlement Panel:
The Panel will be empowered to
1. Circulate if it considers necessary, all communications/documents relating to a dispute, to all the Members of PCAIT.
2. Prepare a roster of continuous defaulters and wrong-doers be they the Channel community or the Vendors who will be blacklisted and the same will be made available for reference by the Channel Community including PCAIT members.
3. Demand more proof, evidence, documents etc where they are deemed necessary in arriving at a proper settlement of a dispute.
4. Initiate termination proceedings against a member who repeatedly flouts the Ethical and Moral guidelines as provided in the Constitution of PCAIT. (and the Executive Council may be requested to ratify such actions of the Panel.)
5. Act in any other way as may be necessary to promote the ethical and moral objectives enshrined in the Constitution of PCAIT so far as it relates to disputes and defaults.
On Nehru Place
PCAIT has taken the cudgels to save Nehru Place from the Catastrophe it is leaping towards. It called for a meeting on December 12, 2011, of all Nehru Place Stake-holders to come on a common platform to save Nehru Place from further deterioration. It coined a phrase “ Nehru Place Bachao” and in co-ordination with other Associations in Nehru Place namely, Nehru Place Improvements and Welfare Association (NIWA), All Delhi Computer Traders Association (ADCTA), Export Fabric Suppliers’ Association ( EFSA) and Computer Media Dealers Association (CMDA). It formed a steering Committee consisting of two members from each Association and also some other stakeholders. Number of meetings of this Committee were held and ultimately it was decided to observe a token closure of Nehru Place on February 1, 2012, to awaken the concerned authorities to take proper steps to save Nehru Place which was generating a revenue of over Rs. 1000 crores annually to the government kitties. PCAIT engaged the services of a Media PR Consultant to take care of Print and Digital Media coverage.
The “Nehru Place shut down” was a phenomenal success. It was highlighted in all the Print Media as well as the TV Channels.
The present request to the authorities from all the stakeholders of Nehru Place is:
1. Restrict the number of hawkers to exactly the same as permitted by the Delhi High Court.
2. Follow the exact timings for hawking allowed by the Court, viz., 10.00 A.M. to 5.30 P.M without allowing use of raised platforms and gas cylinders 3. Remove all the old debris and filth lying all around and in Nehru Place.
4. Regularly arrange for garbage removal and disposal to maintain hygiene in Nehru Place.
5. And lastly DDA in accordance with their affidavit given to the Supreme Court of India should arrange alternate space to all the hawkers, keeping Nehru Place Plaza and Common Area as a No-Hawking Zone as already declared.
Please see the photographs in our Face Book Page ( Link given on the bottom right corner )