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E-commerce has changed how products are bought and sold by making everything available online. While this provides convenience and options, it also requires legal protections for consumers. Existing Indian laws like the Consumer Protection Act of 1986 and the Information Technology Act of 2002 provide some recourse for issues in e-commerce transactions, treating them as service deficiencies or unfair trade practices. Courts have held online marketplaces responsible for deficiencies like failing to provide return policies. As technology advances, Indian law needs to explicitly address consumer rights in e-commerce to build trust in the growing digital marketplace.

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Soumiki Ghosh
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71 views1 page

Writing Sample PDF

E-commerce has changed how products are bought and sold by making everything available online. While this provides convenience and options, it also requires legal protections for consumers. Existing Indian laws like the Consumer Protection Act of 1986 and the Information Technology Act of 2002 provide some recourse for issues in e-commerce transactions, treating them as service deficiencies or unfair trade practices. Courts have held online marketplaces responsible for deficiencies like failing to provide return policies. As technology advances, Indian law needs to explicitly address consumer rights in e-commerce to build trust in the growing digital marketplace.

Uploaded by

Soumiki Ghosh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Consumer Rights and laws in e-commerce in India

After globalization, the concept of market has changed. All the products people need are
available at their fingertip in smart phones or computers; such is the magic of e-commerce.
Electronic commerce or ecommerce defines any business, or commercial transaction which
involves the information transfer across the internet. It is time saving and gives us a plethora
of options which would otherwise be impossible in physical markets or stores. On one hand
online shopping portals ensure numerous options for a wide range of goods with quick and
effective delivery systems, on the other hand, online operations are provided for services like
booking of railways tickets, paying of electricity bills, net banking, booking of movie or
show tickets etc.
Though there are no specific laws, in terms of Business-to-Consumer E-commerce, the
existing provisions of Consumer Protection Act, 1986, is being applied to disputes in online
transactions mostly under the provisions of ‘Deficiency in Service’ under Section 2(1) (g) of
the Consumer Protection Act, 1986 or ‘Unfair Trade Practices’ under Section 2(1) (r) of the
Consumer Protection Act, 1986. Also some relevant provisions of the Information
Technology Act, 2002 provide for remedial measures like appointment of Controller1 and
setting up a Cyber Regulations Appellate Tribunal2 for penalizing the cyber offences as laid
under Section 43 to 47 of the Act. Also, every transaction that is entered into, especially if it
is of Business to Consumer form, is fundamentally and for all effects and purposes an E-
contract. So provisions of Indian Contract Act, 1872 are relevant here.

In the case of Rediff.com India Ltd. v/s Urmil Munjal3, the consumer was dissatisfied with the
goods delivered by the online shopping website. When the consumer tried to return the
product and claim refund, he could not find a Return Policy, which provided details of the
address where the products were to be returned. As the online portal was mediator between
the sellers and buyers it was the duty of the portal to inform the consumer about how goods
are to be returned to the seller. The online portal was held liable by the court because of
‘Deficiency in Service’ for not providing sufficient information.

In this era of digitalization, e-commerce has revolutionized the Indian market beyond
expectation. Protecting consumer rights is of the supreme importance as consumers are the
backbone of any market and everyone is a consumer in one way or the other. With new
technological advancements, the laws need to be on par with the daily needs to ensure smooth
running of business. The only dilemma remaining in the matter is Indian legal system does
not cover the issues relating to consumer rights in case of e-commerce in appropriate ways.
Thus the crucial need of the hour is to provide for express declaration of laws that would
make e-commerce more trustworthy for consumers.

1
Section 17 of Information Technology Act,2000
2
Chapter X of Information Technology Act,2000
3
RPNo.4656 of 2012

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