Table of Contents
Introduction
Online Shopping Laws in India, consumer protection laws for online shopping are governed by various statutes and regulations that aim to safeguard the rights and interests of consumers. understanding your rights and the mechanisms in place for redressal, you can shop online with confidence. It’s crucial to stay informed and vigilant, ensuring that your online shopping experiences are safe and fair.
The Consumer Protection Act, 2019 is a law in India aimed at protecting the interests of consumers. It covers rules and regulations for goods and services, including online shopping, ensuring fairness and transparency.
Online Shopping Laws in India
The Consumer Protection Act, of 2019, applies to all transactions made through online shopping platforms, protecting consumers against unfair trade practices. Key provisions relevant to online shopping include:
Also, Read CONSUMER PROTECTION ACT, 1986
Rights of Consumers
Right to be Informed: Consumers have the right to be informed about the quality, quantity, potency, purity, standard, and price of goods or services.
Right to Choose: Consumers have the right to access a variety of goods and services at competitive prices.
Right to Redressal: Consumers can seek redressal against unfair or restrictive trade practices, defective goods, or deficient services.
Right to be Heard: Consumers’ complaints and grievances must be heard and addressed appropriately.
Liabilities of E-commerce Entities
E-commerce entities must provide complete and accurate information about products and services.
They must disclose refund, return, exchange, warranty, and delivery policies.
E-commerce entities must not impose cancellation charges if they cancel an order.
They are prohibited from manipulating prices or engaging in unfair trade practices.
Consumer Protection (E-Commerce) Rules, 2020
- E-commerce entities must provide detailed information about the seller, including their legal name, principal geographic address, contact details, and any other information necessary for the consumer to establish communication.
- Information about products, including accurate descriptions and prices, must be clearly provided.
- E-commerce entities are required to appoint a grievance officer and display their contact details prominently.
- Complaints must be acknowledged within 48 hours and resolved within one month.
- Misleading advertisements, false representation of goods and services, and unfair trade practices are prohibited.
- E-commerce entities must not manipulate the price of goods or services to gain an unfair advantage.
- Consumers can file complaints in Consumer Commissions at the district, state, or national level, depending on the value of the claim.
- The act also provides for mediation as a mode of dispute resolution.
- E-commerce platforms must clearly disclose their refund and return policies. They are required to process refunds promptly as per the stated policies.
- E-commerce entities must ensure the protection of consumer data and comply with applicable data protection laws, including the Information Technology (IT) Act, 2000.
- Sellers and service providers are held liable for any defective goods or deficient services sold through e-commerce platforms.
- Advertisements for products and services on e-commerce platforms must be accurate and not misleading.
- Endorsements by celebrities or influencers must be truthful and not exaggerated.
File a complaint under the Consumer Protection Act for an online purchase.
A complaint can be filed electronically through the Online Consumer Mediation Centre (OCMC) or the e-Daakhil portal, or directly with the Consumer Forum, depending on the jurisdiction and the claim’s value.
You need to provide details such as your name and address, the name and address of the seller, the date of purchase and receipt of goods or services, the amount paid, the issue encountered, and the relief sought.
Are digital products covered under the Consumer Protection Act?
Yes, Digital products and services purchased online are covered under the Act, ensuring protection against defective digital content and deficient service
Also read, FAMOUS CASES ON CONSUMER DISPUTE
More information can be found on the official websites of the Department of Consumer Affairs, the Consumer Protection Act, 2019, and the National Consumer Helpline.
Important online shopping laws and regulations in India
Consumer Protection Act, 2019:
- This act provides a framework for protecting consumer rights, including issues related to unfair trade practices, defective goods, and deficient services in online shopping.
Information Technology Act, 2000:
- This act deals with cybercrimes and electronic commerce. It provides legal recognition to electronic transactions and addresses issues such as data protection and online fraud.
Indian Contract Act, 1872:
- Governs contracts formed online. It includes provisions on the formation of contracts, offer and acceptance, and the legality of agreements made through electronic means.
Payment and Settlement Systems Act, 2007:
- Regulates and oversees payment systems in India, ensuring safe and efficient payment methods for online transactions.
Foreign Exchange Management Act (FEMA), 1999:
- Governs cross-border e-commerce transactions, including regulating foreign exchange in online shopping.
Competition Act, 2002:
- Prevents anti-competitive practices in the market, ensuring fair competition among online retailers.
Consumer Protection (E-Commerce) Rules, 2020:
- These rules are specific to e-commerce and include provisions for protecting consumer interests, transparency in online transactions, and the accountability of e-commerce platforms.
Legal Metrology (Packaged Commodities) Rules, 2011:
- Mandates clear labeling of products sold online, including details such as the manufacturer, quantity, and price to ensure transparency and prevent misleading advertisements.
Goods and Services Tax (GST) Act, 2017:
- Regulates the taxation of goods and services sold online. E-commerce operators are required to collect and remit GST on behalf of sellers.
Intellectual Property Rights (IPR) Laws:
- Protects intellectual property in the digital space, including trademarks, copyrights, and patents related to online products and services.