Dispute Resolution

Clause 16



  • Subject to the succeeding sub-clause, any dispute, difference, claim, or controversy arising out of, in connection with, or relating to, this Policy between you or any person/entity claiming under or through you and Social Comment shall be resolved by binding arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 (including any amendments or reenactments thereto). The seat of arbitration shall be Ajmer, Advocate Manish Sharma (s/o Lt. Rajendra Sharma) having his offices at M/S. Advocates & Solicitors, 306/41, BHAJAN GANJ MAYO LINK ROAD, AJMER, RAJASTHAN- 305008, INDIA shall be the sole arbitrator, and the language of arbitration shall be English. Both you and Social Comment agree that the prevailing party shall be entitled to recover double the claim amount and all costs (including attorney’s fees) from the other party(s). The aforementioned stipulation shall also apply to any person claiming under or through you.
  • You and/or any person/entity claiming under or through you must mandatorily attempt to resolve any dispute, difference, claim, or controversy arising out of, in connection with, or relating to, these Policy through our Grievance Redressal Mechanism present in clause 19 of our General Terms of Service, or the mechanism present in clauses 5.3.3 and/or 5.3.4 of our General Terms of Service, as the case may be, before you and/or any person/entity claiming under or through you can initiate the arbitration process under the preceding sub-clause.
  • If the conditions mentioned in the preceding sub-clause are found to be void, illegal, unenforceable, or otherwise invalid, the validity of the arbitration provisions in clause 16.1 shall not be affected in any manner.

    • 6A. CONSUMER PROTECTION

    In case you decide to pursue any remedies available to you under the Consumer Protection Act, 2019 and if the pecuniary value of your claim does not exceed INR 10 crore, you hereby agree and acknowledge that the Ajmer District Consumer Disputes Redressal Commission or the Rajasthan State Consumer Disputes Redressal Commission, depending on the pecuniary value of your claim, shall have sole and exclusive jurisdiction to hear any claims arising out of, or relating to, this Policy that is brought by you under the Consumer Protection Act, 2019. You further waive any objections to the jurisdiction of the Ajmer District Consumer Disputes Redressal Commission or the Rajasthan State Consumer Disputes Redressal Commission based on their location, or any difficulty or inconvenience you may face in submitting to their jurisdiction (including, without limitation, any objection on the grounds of forum non conveniens). This clause shall also apply to any person/entity who brings a claim on your behalf or under or through you under the Consumer Protection Act, 2019 which arises out of, or relates to, this Policy.