Complaints Register. (i) JVC shall maintain a public relations office at the Airport where it shall keep a register (the "Complaint Register") with access at all times for recording of complaints by any person (the "Complainant"). Immediately, after a complaint is registered, JVC shall give a receipt to the Complainant stating the date and complaint number. Details of any complaint that remains unaddressed after 30 days of lodgement thereof shall be immediately uploaded on the JVC website (without disclosing the name or details of the complainant). (ii) The Complaint Register can either be in hard copy form or electronic form . It shall have appropriate columns including the complaint number, date, name and address of the Complainant, substance of the complaint and the action taken by JVC. Information relating to the availability of and access to the Complaint Register shall be prominently displayed by JVC at the Airport. (iii) JVC shall inspect the Complaint Register every day and take prompt and reasonable action for redressal of each complaint. The action taken shall be briefly noted in the Complaint Register and a reply stating the particulars thereof shall be sent by JVC to the Complainant under a certificate of posting or by fax with confirmation of transmission. (iv) To the extent that the complaints made by any Complainant relate to the performance or otherwise of the Reserved Activities or of any airline or any other Entity, JVC shall immediately notify the Relevant Authority, the airline or such Entity about the same. (v) Any means of notice, record-keeping or registration contemplated by this Article 8.5.11 may be accomplished or effected by any more-efficient or effective automated or modern systems, technologies or methods of comparable or better accuracy and reliability.
Appears in 2 contracts
Samples: Operation, Management and Development Agreement, Operation, Management and Development Agreement
Complaints Register. (i) JVC The Concessionaire shall maintain a public relations office at each of the Airport Toll Plazas where it shall keep a register (the "“Complaint Register"”) with open to public access at all times for recording of complaints by any person (the "“Complainant"”). Immediately, after a complaint is registered, JVC shall give a receipt Information relating to the Complainant stating availability of and access to the date Complaint Register shall be prominently displayed by the Concessionaire at each Toll Plazas so as to bring it to the attention of all Users. The Complaint Register shall be securely bound and complaint number. Details of any complaint that remains unaddressed after 30 days of lodgement each page thereof shall be immediately uploaded on the JVC website (without disclosing the name or details of the complainant).
(ii) The Complaint Register can either be in hard copy form or electronic form duly numbered. It shall have appropriate columns including the complaint number, date, name and address of the Complainant, substance of the complaint and the action taken by JVCthe Concessionaire. Information relating Immediately after a complaint is registered, the Concessionaire shall give a receipt to the availability of Complainant stating the date and access complaint number. Without prejudice to the Complaint Register shall be prominently displayed by JVC at provisions of Clauses 39.1.1 and 39.1.2, the Airport.
(iii) JVC Authority may, in consultation with the Concessionaire, specify the procedure for making complaints in electronic form and for responses thereto. Redressal of complaints The Concessionaire shall inspect the Complaint Register every day and take prompt and reasonable action for redressal of each complaint. The action taken shall be briefly noted in the Complaint Register and a reply stating the particulars thereof shall be sent by JVC the Concessionaire to the Complainant under a certificate of posting or by fax with confirmation posting. Within 7 (seven) days of transmission.
(iv) To the extent close of each month, the Concessionaire shall send to the Authority and to the Independent Engineer a true photocopy each of all the pages of the Complaint Register on which any entry has been recorded during the course of such month and upon perusal thereof, the Authority may, in its discretion, advise the Concessionaire to take such further action as the Authority may deem appropriate for a fair and just redressal of any grievance. The Concessionaire shall consider such advice and inform the Authority of its decision thereon, and if the Authority is of the opinion that the complaints made by any Complainant relate is entitled to further relief, it may refer the matter to the performance or otherwise of competent forum for its disposal under the Reserved Activities or of any airline or any other EntityConsumer Protection Act, JVC shall immediately notify 1986, and advise the Relevant Authority, Complainant to pursue the airline or such Entity about the samecomplaint at his own risk and cost.
(v) Any means of notice, record-keeping or registration contemplated by this Article 8.5.11 may be accomplished or effected by any more-efficient or effective automated or modern systems, technologies or methods of comparable or better accuracy and reliability.
Appears in 1 contract
Samples: Concession Agreement
Complaints Register. (i) JVC The Concessionaire shall maintain a public relations office at each of the Airport Toll Plazas where it shall keep a register (the "“Complaint Register"”) with open to public access at all times for recording of complaints by any person (the "“Complainant"”). Immediately, after a complaint is registered, JVC shall give a receipt Information relating to the Complainant stating availability of and access to the date Complaint Register shall be prominently displayed by the Concessionaire at each Toll Plazas so as to bring it to the attention of all Users. The Complaint Register shall be securely bound and complaint number. Details of any complaint that remains unaddressed after 30 days of lodgement each page thereof shall be immediately uploaded on the JVC website (without disclosing the name or details of the complainant).
(ii) The Complaint Register can either be in hard copy form or electronic form duly numbered. It shall have appropriate columns including the complaint number, date, name and address of the Complainant, substance of the complaint and the action taken by JVCthe Concessionaire. Information relating Immediately after a complaint is registered, the Concessionaire shall give a receipt to the availability of Complainant stating the date and access complaint number. Without prejudice to the Complaint Register shall be prominently displayed by JVC at provisions of Clauses 39.1.1 and 39.1.2, the Airport.
(iii) JVC Authority may, in consultation with the Concessionaire, specify the procedure for making complaints in electronic form and for responses thereto. The Concessionaire shall inspect the Complaint Register every day and take prompt and reasonable action for redressal of each complaint. The action taken shall be briefly noted in the Complaint Register and a reply stating the particulars thereof shall be sent by JVC the Concessionaire to the Complainant complainant under a certificate of posting or by fax with confirmation Within 7 (seven) days of transmission.
(iv) To the extent close of each month, the Concessionaire shall send to the Authority and to the Independent Engineer a true photocopy each of all the pages of the Complaint Register on which any entry has been recorded during the course of such month and upon perusal thereof, the Authority may, in its discretion, advise the Concessionaire to take such further action as the Authority may deem appropriate for a fair and just redressal of any grievance. The Concessionaire shall consider such advice and inform the Authority of its decision thereon, and if the Authority is of the opinion that the complaints made by any Complainant relate is entitled to further relief, it may refer the matter to the performance or otherwise of competent forum for its disposal under the Reserved Activities or of any airline or any other EntityConsumer Protection Act, JVC shall immediately notify 1986, and advise the Relevant Authority, Complainant to pursue the airline or such Entity about the samecomplaint at his own risk and cost.
(v) Any means of notice, record-keeping or registration contemplated by this Article 8.5.11 may be accomplished or effected by any more-efficient or effective automated or modern systems, technologies or methods of comparable or better accuracy and reliability.
Appears in 1 contract
Samples: Concession Agreement
Complaints Register. (i) JVC The Concessionaire shall maintain a public relations office at each of the Airport Toll Plazas where it shall keep a register (the "“Complaint Register"”) with open to public access at all times for recording of complaints by any person (the "“Complainant"”). Immediately, after a complaint is registered, JVC shall give a receipt Information relating to the Complainant stating availability of and access to the date Complaint Register shall be prominently displayed by the Concessionaire at each Toll Plazas so as to bring it to the attention of all Users. The Complaint Register shall be securely bound and complaint number. Details of any complaint that remains unaddressed after 30 days of lodgement each page thereof shall be immediately uploaded on the JVC website (without disclosing the name or details of the complainant).
(ii) The Complaint Register can either be in hard copy form or electronic form duly numbered. It shall have appropriate columns including the complaint number, date, name and address of the Complainant, substance of the complaint and the action taken by JVCthe Concessionaire. Information relating Immediately after a complaint is registered, the Concessionaire shall give a receipt to the availability of Complainant stating the date and access complaint number. Without prejudice to the Complaint Register shall be prominently displayed by JVC at provisions of Clauses 46.1.1 and 46.1.2, the Airport.
(iii) JVC Authority may, in consultation with the Concessionaire, specify the procedure for making complaints in electronic form and for responses thereto. Redressal of complaints The Concessionaire shall inspect the Complaint Register every day and take prompt and reasonable action for redressal of each complaint. The action taken shall be briefly noted in the Complaint Register and a reply stating the particulars thereof shall be sent by JVC the Concessionaire to the Complainant under a certificate of posting or by fax with confirmation posting. Within 7 (seven) days of transmission.
(iv) To the extent close of each month, the Concessionaire shall send to the Authority and to the Independent Engineer a true photocopy each of all the pages of the Complaint Register on which any entry has been recorded during the course of such month, and upon perusal thereof, the Authority may, in its discretion, advise the Concessionaire to take such further action as the Authority may deem appropriate for a fair and just redressal of any grievance. The Concessionaire shall consider such advice and inform the Authority of its decision thereon, and if the Authority is of the opinion that the complaints made by any Complainant relate is entitled to further relief, it may refer the matter to the performance or otherwise of competent forum for its disposal under the Reserved Activities or of any airline or any other EntityConsumer Protection Act, JVC shall immediately notify 1986, and advise the Relevant Authority, Complainant to pursue the airline or such Entity about the samecomplaint at his own risk and cost.
(v) Any means of notice, record-keeping or registration contemplated by this Article 8.5.11 may be accomplished or effected by any more-efficient or effective automated or modern systems, technologies or methods of comparable or better accuracy and reliability.
Appears in 1 contract
Samples: Model Concession Agreement
Complaints Register. (i) JVC The Concessionaire shall maintain a public relations office at the Airport Project Site where it shall keep a register (the "“Complaint Register"”) with open to public access at all times for recording of complaints by any person (the "“Complainant"”). Immediately, after a complaint is registered, JVC shall give a receipt Information relating to the Complainant stating availability of and access to the date Complaint Register shall be prominently displayed by the Concessionaire at the Site and complaint numberits offices so as to bring it to the attention of all Users. Details of any complaint that remains unaddressed after 30 days of lodgement The Complaint Register shall be securely bound and each page thereof shall be immediately uploaded on the JVC website (without disclosing the name or details of the complainant).
(ii) The Complaint Register can either be in hard copy form or electronic form duly numbered. It shall have appropriate columns including the complaint number, date, name and address of the Complainant, substance of the complaint and the action taken by JVCthe Concessionaire. Information relating Immediately after a complaint is registered, the Concessionaire shall give a receipt to the availability of Complainant stating the date and access complaint number. Without prejudice to the Complaint Register shall be prominently displayed by JVC at provisions of Clauses 39.1.1 and 39.1.2, the Airport.
(iii) JVC Authority may, in consultation with the Concessionaire, specify the procedure for making complaints in electronic form and for responses thereto. Redressal of complaints The Concessionaire shall inspect the Complaint Register every day and take prompt and reasonable action for redressal of each complaint. The action taken shall be briefly noted in the Complaint Register and a reply stating the particulars thereof shall be sent by JVC the Concessionaire to the Complainant under a certificate of posting or by fax with confirmation posting. Within 7 (seven) days of transmission.
(iv) To the extent close of each month, the Concessionaire shall send to the Authority and to the Independent Engineer a true photocopy each of all the pages of the Complaint Register on which any entry has been recorded during the course of such month, and upon perusal thereof, the Authority may, in its discretion, advise the Concessionaire to take such further action as the Authority may deem appropriate for a fair and just redressal of any grievance. The Concessionaire shall consider such advice and inform the Authority of its decision thereon, and if the Authority is of the opinion that the complaints made Complainant is entitled to further relief, the Authority may advise the Complainant to seek appropriate remedy under the Consumer Protection Act, 1986, at his own risk and cost. MISCELLANEOUS Governing law and jurisdiction This Agreement shall be construed and interpreted in accordance with and governed by any Complainant relate to the performance or otherwise laws of India, and the courts in <name of the Reserved Activities place having courts to which the Authority is subject to in ordinary course of business> shall have exclusive jurisdiction over matters arising out of or relating to this Agreement. Waiver of immunity Each Party unconditionally and irrevocably: agrees that the execution, delivery and performance by it of this Agreement constitute commercial acts done and performed for commercial purpose; agrees that, should any airline proceedings be brought against it or its assets, property or revenues in any jurisdiction in relation to this Agreement or any other Entity, JVC shall immediately notify the Relevant Authority, the airline or such Entity about the same.
(v) Any means of notice, record-keeping or registration transaction contemplated by this Article 8.5.11 Agreement, no immunity (whether by reason of sovereignty or otherwise) from such proceedings shall be claimed by or on behalf of the Party with respect to its assets; waives any right of immunity which it or its assets, property or revenues now has, may acquire in the future or which may be accomplished attributed to it in any jurisdiction; and consents generally in respect of the enforcement of any judgment or effected award against it in any such proceedings to the giving of any relief or the issue of any process in any jurisdiction in connection with such proceedings (including the making, enforcement or execution against it or in respect of any assets, property or revenues whatsoever irrespective of their use or intended use of any order or judgment that may be made or given in connection therewith). Depreciation For the purposes of depreciation under Applicable Laws, the property representing the capital investment made by the Concessionaire in the Project shall be deemed to be acquired and owned by the Concessionaire. For the avoidance of doubt, the Authority shall not in any moremanner be liable in respect of any claims for depreciation to be made by the Concessionaire under Applicable Laws. Delayed payments The Parties hereto agree that payments due from one Party to the other Party under the provisions of this Agreement shall be made within the period set forth therein, and if no such period is specified, within 30 (thirty) days of receiving a demand along with the necessary particulars. Unless otherwise specified in this Agreement, in the event of delay beyond such period, the defaulting Party shall pay interest for the period of delay calculated at a rate equal to 4% (four per cent) above the daily average Bank Rate, and recovery thereof shall be without prejudice to the rights of the Parties under this Agreement including Termination thereof. Unless otherwise specified, any interest payable under this Agreement shall accrue on a daily outstanding basis and shall be compounded on the basis of quarterly rests. Waiver Waiver, including partial or conditional waiver, by either Party of any default by the other Party in the observance and performance of any provision of or obligations under this Agreement: shall not operate or be construed as a waiver of any other or subsequent default hereof or of other provisions of or obligations under this Agreement; shall not be effective unless it is in writing and executed by a duly authorized representative of the Party; and shall not affect the validity or enforceability of this Agreement in any manner. Neither the failure by either Party to insist on any occasion upon the performance of the terms, conditions and provisions of this Agreement or any obligation thereunder nor time or other indulgence granted by a Party to the other Party shall be treated or deemed as waiver of such breach or acceptance of any variation or the relinquishment of any such right hereunder. Liability for review of Documents and Drawings Except to the extent expressly provided in this Agreement no review, comment or approval by the Authority or the Independent Engineer of any Project Agreement, Document or Drawing submitted by the Concessionaire nor any observation or inspection of the construction, operation or maintenance of the Project nor the failure to review, approve, comment, observe or inspect hereunder shall relieve or absolve the Concessionaire from its obligations, duties and liabilities under this Agreement, Applicable Laws and Applicable Permits; and The Authority shall not be liable to the Concessionaire by reason of any review, comment, approval, observation or inspection referred to in sub-efficient clause (a) above. Exclusion of implied warranties etc. This Agreement expressly excludes any warranty, condition or other undertaking implied at law or by custom or otherwise arising out of any other agreement between the Parties or any representation by either Party not contained in a binding legal agreement executed by both Parties. Survival Termination shall: Not relieve the Concessionaire or the Authority, as the case may be, of any obligations hereunder which expressly or by implication survive Termination hereof; and except as otherwise provided in any provision of this Agreement expressly limiting the liability of either Party, not relieve either Party of any obligations or liabilities for loss or damage to the other Party arising out of, or caused by, acts or omissions of such Party prior to the effectiveness of such Termination or arising out of such Termination. All obligations surviving Termination shall only survive for a period of 3 (three) years following the date of such Termination. Entire Agreement This Agreement and the Schedules together constitute a complete and exclusive statement of the terms of the agreement between the Parties on the subject hereof, and no amendment or modification hereto shall be valid and effective automated unless such modification or modern systemsamendment is agreed to in writing by the Parties and duly executed by persons especially empowered in this behalf by the respective Parties. All prior written or oral understandings, technologies offers or methods other communications of comparable every kind pertaining to this Agreement are abrogated and withdrawn. For the avoidance of doubt, the Parties hereto agree that any obligations of the Concessionaire arising from the Request for Qualification or better accuracy Request for Proposals, as the case may be, shall be deemed to form part of this Agreement and reliabilitytreated as such.
Appears in 1 contract
Samples: Concession Agreement