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Analysis Of Current Consumer Protection Act In E Commerce Policy, India

Abstract: The rapid growth of E-commerce has led to a surge in the consumer protection laws in India. Consumers have the right to purchase goods and services from any platform (online or offline) without being misled, deceived, or otherwise taken advantage of. The Government of India has enacted the Consumer Protection Act (COPRA) to protect consumers from such occurrences. The Act provides for legal remedies against unfair trade practices, defective goods, and services, and other unfair or restrictive business practices. Moreover, it allows consumers to lodge complaints against unethical trade practices and seek compensation. At present, e-commerce websites are facing a number of issues such as cyber frauds, unsolicited emails and calls, deceptive pricing, and inadequate information. This calls for a stringent legal mechanism to regulate e-commerce transactions. A comprehensive legal framework with details of consumer rights, responsibilities, and obligations is required to safeguard the interests of online shoppers. Additionally, consumer protection frameworks also need to address the issue of data protection. The current COPRA deals with consumer-related issues in the offline space. However, due to the increased use of the Internet and the mobile applications, a comprehensive legal framework is necessary to address the concerns related to online transactions. The Government of India is yet to introduce a comprehensive e-commerce law that covers consumer protection issues related to online transactions. The current Consumer Protection Act must be amended to address the complexities of e-commerce transactions. Such amendments should include provisions for the protection of consumers from cyber-frauds, cybercrime, data protection, and unfair or restrictive business practices. Furthermore, appropriate safeguards should be included for the protection of consumer privacy and personal information. This will ensure that E-commerce companies comply with the law and protect the interests of consumers.

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Patent Information

Application #
Filing Date
03 June 2023
Publication Number
26/2023
Publication Type
INA
Invention Field
MECHANICAL ENGINEERING
Status
Email
Parent Application

Applicants

Dr. Jyoti Mishra
Associate Professor, School of Commerce & Management Studies, Dayananda Sagar University, Bangalore, Karnataka - 560078
Dr. Preeti Kulshrestha
Associate Professor, Management, Unitedworld School of Business, Karnavati University., Gandhinagar (Gujrat) - 382421
Mrs. Nagasudha R.
Assistant Professor, Dept. of Commerce and Management, Seshadripuram Evening College, Bengaluru, Karnataka - 560079
Dr. Sibu C. Chithran
Senior Professor, Management Studies, Mangalam College of Engineering, Kottayam, Kerala - 686631
Mrs. Monalisa Pattanayak
Assistant Professor, Department of Basic Science and Humanities, Majhighariani Institute of Technology and Science (MITS), Rayagada, Odisha - 765017, India
Dr. Samrat Srivastava
Asst. Professor, Commerce, Kandivli Education Society's BK Shroff College Of Arts and MH Shroff College Of Commerce, Mumbai, Maharashtra - 400067
Mr. Sameer Yadav
Research Scholar, Department of Commerce and Business Administration, University of Allahabad, Prayagraj, Uttar Pradesh - 211002
Mr. J. Logeshwaran
Research Scholar, Department Of Electronics And Communication Engineering, Sri Eshwar College Of Engineering, Coimbatore - Tamil Nadu
Sujitha Nandipati
Assistant Professor, Commerce, Department In Business Process Management, Loyola Academy (Degree & Pg College), Hyderabad, Telangana - 500010
Dr. M.V.K. Srinivasa Rao
Dean, School Of Commerce And Management Studies, Sandip University, Sijoul, Madhubani, Bihar - 847235
Dr. Sheetal Macchindra Randhir
Asst. Professor, Commerce, Tikaram Jagannath Arts commerce and science college Khadki, Pune – 411003, Maharashtra, India
Dr. V. Kannan
CLDC Research And Development No.997, Mettupalayam Road, Near X-Cut Signal, RS.Puram, Coimbatore - 641002, Tamil Nadu, India

Inventors

1. Dr. Jyoti Mishra
Associate Professor, School of Commerce & Management Studies, Dayananda Sagar University, Bangalore, Karnataka - 560078
2. Dr. Preeti Kulshrestha
Associate Professor, Management, Unitedworld School of Business, Karnavati University., Gandhinagar (Gujrat) - 382421
3. Mrs. Nagasudha R.
Assistant Professor, Dept. of Commerce and Management, Seshadripuram Evening College, Bengaluru, Karnataka - 560079
4. Dr. Sibu C. Chithran
Senior Professor, Management Studies, Mangalam College of Engineering, Kottayam, Kerala - 686631
5. Mrs. Monalisa Pattanayak
Assistant Professor, Department of Basic Science and Humanities, Majhighariani Institute of Technology and Science (MITS), Rayagada, Odisha - 765017, India
6. Dr. Samrat Srivastava
Asst. Professor, Commerce, Kandivli Education Society's BK Shroff College Of Arts and MH Shroff College Of Commerce, Mumbai, Maharashtra - 400067
7. Mr. Sameer Yadav
Research Scholar, Department of Commerce and Business Administration, University of Allahabad, Prayagraj, Uttar Pradesh - 211002
8. Mr. J. Logeshwaran
Research Scholar, Department Of Electronics And Communication Engineering, Sri Eshwar College Of Engineering, Coimbatore - Tamil Nadu
9. Sujitha Nandipati
Assistant Professor, Commerce, Department In Business Process Management, Loyola Academy (Degree & Pg College), Hyderabad, Telangana - 500010
10. Dr. M.V.K. Srinivasa Rao
Dean, School Of Commerce And Management Studies, Sandip University, Sijoul, Madhubani, Bihar - 847235
11. Dr. Sheetal Macchindra Randhir
Asst. Professor, Commerce, Tikaram Jagannath Arts commerce and science college Khadki, Pune – 411003, Maharashtra, India
12. Dr. V. Kannan
CLDC Research And Development No.997, Mettupalayam Road, Near X-Cut Signal, RS.Puram, Coimbatore - 641002, Tamil Nadu, India

Specification

Description:Background problem for the Innovation
The current consumer protection act in India is outdated and does not account for the challenges posed in the era of e-commerce. The law does not provide adequate protection to consumers when they purchase items online, leaving them vulnerable to fraud and manipulation by online retailers. This is a pressing issue in the digital age, as the internet provides boundless opportunities to both the consumer and the merchant. The law, which was passed in 1986, does not consider the technological advancements of today. This law does not recognize the need for increased transparency from the retailers selling online. For example, there is no regulation that requires them to reveal the complete specifications of the product, warranty details or return policy. This leaves the consumers at risk of being frauded by the sellers. The E-commerce Policy Act of 2019 was passed in India, but the lack of proper implementation has led to a lack of confidence among consumers. This law mandates that online retail platforms adhere to the same consumer protection laws that offline retail follows. However, many e-commerce platforms have yet to fully comply with these laws, so consumers may still not be fully protected. Furthermore, the law does not enforce the same standards on online retailers as it does on offline stores. For instance, the standards for delivery, product communication, warranty and refund policies are not given as much priority when it comes to e-commerce transactions. This leaves the customer with less assurance that they are purchasing quality products and services from reputable sources. Lastly, India does not have a strong consumer rights protection framework. This puts the consumer at a great disadvantage when it comes to resolving disputes with online retailers. Many consumers may be unaware of their rights or unaware of how to raise complaints against the companies. This further perpetuates the vulnerability of the consumer, and creates an environment of lack of confidence and trust between the consumer and the companies they do business with. It is clear that the current consumer protection laws in India no longer satisfy the needs of the digital age. The rise in e-commerce transactions demands a similar level of consumer protection that is found in the physical stores. For this to be achieved, the law must be overhauled to ensure that the customer is always protected and their rights are respected. In addition, there must be penalties for those who violate the law in order to ensure compliance from the retailers.
Innovation model
The growing prevalence of the internet and digitalization in India is changing the way consumers purchase goods and services in the country. In a world of e-commerce, where transactions that were traditionally conducted in the physical marketplace, are now conducted online, it is critical that India's consumer protection legislation is effective in protecting the rights of its citizens and customers. The current consumer protection Act in India applies to all goods and services and covers the multifariousness of aspects of consumer relationships with traders, manufacturers and service providers in both offline and online transactions. As such, it is important to assess the efficacy of the current consumer protection Act in India, with a particular focus on consumer rights in e-commerce transactions. First, the current consumer protection Act in India clearly enumerates the fundamental rights of e-commerce consumers. These include the right to receive appropriate information about the product, the right to receive goods as specified, and the right to receive refunds or remuneration in case of substandard or deficient products or services. The proposed innovation model has shown in the following fig.1

Fig.1: Proposed innovation model
The current legislation also states that e-commerce traders must adopt certain safety measures, such as using secure payment gateways and adoption of appropriate cyber security policies. This is a major step forward for consumer protection in e-commerce transactions, as it ensures that the consumers' data is safe and secure. Second, the consumer protection Act in India also outlines the remedies available to affected consumers in case of any violation of the stated rights. These include a right to receive compensation from the trader or manufacturer, the right to cancel the order and obtain refunds and in some cases the right to take legal action. This comprehensive approach to consumer protection helps address any grievances that customers may have with e-commerce transactions. Third, the consumer protection Act in India I also provides for alternate dispute resolution mechanisms such as mediation and arbitration, which can be effectively used to resolve any disputes between traders and consumers without resorting to the traditional court process. This is an important step forward as it ensures that consumers can receive a prompt resolution to their grievances and any potential financial losses suffered as a result of any violation of their rights. Finally, the consumer protection Act in India has also taken into account the changing nature of e-commerce and provided for certain specific provisions that apply only to online transactions. These include provisions for the protection of sensitive personal data of consumers, requirements for e-commerce retailers to create transparency regarding product pricing and delivery methods, and the prohibition of certain practices such as surcharges for cash or credit card payments. All of these measures strengthen the consumer's right to be safe and secure in their e-commerce transactions. The current consumer protection Act in India provides a comprehensive framework for safeguarding the interests of e-commerce customers. The well-defined fundamental rights, remedies and alternate dispute resolution mechanisms outlined in the Act, combined with the specific e-commerce provisions, ensures that consumers are protected to the fullest extent when they shop online. It is therefore crucial that this legislation is properly enforced and the law is periodically updated to meet the changing needs of the digital marketplace. The e-commerce sector in India has seen tremendous growth in recent years, through the rise of services such as Amazon and Flipkart. This growth has disrupted the traditional retail model, leading to various debates on consumer protection. In India, consumer protection was addressed in the form of the Consumer Protection Act, 1986. With the growth of e-commerce, many of India’s traditional consumer protection laws needed to be updated. To ensure effective protection for consumers, the government of India recently passed the Consumer Protection (E-Commerce) Rules, 2020. The Consumer Protection Rules aim to protect consumers shopping on e-commerce platforms from unfair practices such as fraud, biased information, fake reviews, and more. It lists various guidelines like displaying clear and comprehensive information about products, services, and their sellers, including past customer reviews and ratings. It also requires sellers to register for an Indian Unique Identification Number (UID) in order to identify sellers and transactions on the platform. The Consumer Protection Rules also address the sale of hazardous products, banning the sale of products like drugs, combustible materials, explosives, pressurized products, etc., without obtaining a valid license. In addition, payment by digital means has been promoted through the e-commerce platform, with the website operator needing to provide adequate security measures for the customer’s bank account and payment details. Security measures like two-factor authentication and one-time verification codes are now mandatory for processing transactions. Lastly, the Consumer Protection Rules also ensure that the e-commerce platform’s customer service must be efficient and efficient. The platform needs to respond to all queries with accuracy, as well handle enquiries, returns, and refunds quickly and efficiently. The customer service must also be able to provide customer grievances in accordance with the laws as well take appropriate measures to address the same. The analysis of current consumer protection act in e-commerce policy in India is indicative of a much needed progressive stance in consumer protection. By curbing unfair entity practices and providing digital payment security to the customers, the Consumer Protection Act promotes the safety and security of customers on e-commerce platforms.
Summary of the Innovation
The rise of e-commerce in India has seen an exponential growth over the past decade, and it has become an indispensable part of the Indian market. While the wide range of services and products available online has given customers more choices and better prices, it has also highlighted the need for consumer protection. In order to ensure consumer protection within the e-commerce industry in India, the government has passed the Consumer Protection Act, 2019. The Consumer Protection Act, 2019 was passed by the Parliament of India in August 2019 to ensure that consumers get what they 'pay for' in the ever-evolving digital marketplace. As per the Act, e-commerce entities are required to provide a variety of consumer protection measures. These measures include disclosure of price and other product details, the right to return goods, resolution of consumer complaints, and the settlement of disputes through an Alternate Dispute Resolution. The Act also provides for a Consumer Protection Authority (CPA) to oversee the enforcement of the provisions contained in the Act. The Authority can initiate action against any e-commerce entity or person who is found to have violated any of the provisions of the Act. Furthermore, the Act also provides for the development of consumer protection regulations that will establish a framework of rules for e-commerce entities to prevent exploitative practices. These regulations will regulate the terms and conditions of sale, the pricing of goods and services, and payment and refunds. Overall, the current consumer protection act has been effective in providing a legal framework for e-commerce entities in India. It has ensured transparency in the industry and has provided consumers with the right to litigation against any unfair or exploitative practices. However, it is important to note that the timeliness of the enforcement of the provisions in the Act is of utmost importance. There have been several cases of breached consumer rights in India, and it is essential that the CPA effectively deals with such cases. This will help promote a healthy and competitive e-commerce industry in India. The rapid growth of e-commerce in India has prompted the central government to undertake a comprehensive review of the existing legislation on consumer protection. In this essay, I analyse the current Consumer Protection Act in India and make recommendations for policy improvements. The Consumer Protection Act in India, enacted in 1986, was meant to protect and empower consumers against unfair trade practices and misleading advertisements. Its key provisions include informing the consumer of his/her rights, rights to be heard, and protection from exploitative practices. This Act also provides for consumer protection organizations which are mandated to address the grievances of consumers. However, the current infrastructure and procedural framework is inadequate to deal with the explosive growth in the e-commerce activity. Since there is no mechanism to provide redressal of grievances against e-commerce sellers, consumers who have suffered losses in online transactions do not get the protection they require. The lack of an efficient infrastructure to respond quickly to consumer complaints and insufficient personnel to investigate cases makes it difficult to implement the law effectively. To overcome the current shortcomings, the following measures can be taken:
• Online Complaint Portal: A central online complaint portal should be developed to enable consumers to easily lodge their complaints. This portal should be equipped with systems to categorize the complaints and provide speedy resolution.
• Strengthening the Infrastructure: More personnel should be employed to investigate the cases of consumer grievances. Financial resources should also be allocated to build a strong infrastructure, such as an advanced online tracking system.
• Good Quality Standards: Clear, achievable standards should be set to ensure that the goods and services being sold online are of good quality. This will protect consumers from potentially dangerous or defective products.
• Improving Awareness: Awareness campaigns should be organized to inform the public about their rights and responsibilities when buying goods online. Further, regular audits should be conducted to assess the performance of e-commerce providers.
The above measures will help to ensure that the current Consumer Protection Act is better enforced and more consumers can access protection from unfair trade practices online. In conclusion, it is important to continually review the existing legislative framework and update it in order to keep pace with the changing realities of e-commerce in India. , Claims:1. Analysis of current consumer protection Act in e-commerce policy, India in claims, The Indian Government has adopted a number of initiatives to provide necessary legislation to protect consumers against fraud and malpractices in their online transactions.
2. Analysis of current consumer protection Act in e-commerce policy, India in claims, The Consumer Protection Act, 2019, which is the latest amendment to the Consumer Protection Act, 1986, provides the right framework for consumers to take legal action against e-commerce businesses and other entities when they are dissatisfied or they have suffered a loss due to the negligence or unfair trade practices of the business.
3. Analysis of current consumer protection Act in e-commerce policy, India in claims, The Consumer Protection Act, 2019 seeks to provide greater protection to the consumer by introducing strict measures on e-commerce businesses. This act includes the implementation of a self regulatory framework that will enable e-commerce businesses to adhere to pre-defined standards and adhere to laws for smooth operations.
4. Analysis of current consumer protection Act in e-commerce policy, India in claims, The Act also prescribes the duties and responsibilities of the e-commerce platforms and sellers, and provides them with the legal power to prosecute errant sellers and users. This provides necessary protection against fraud and unfair trade practices.
5. Analysis of current consumer protection Act in e-commerce policy, India in claims, The act also provides enhanced consumer protection against traders and other entities indulging in unfair trade practices. The substantive provisions of the Act include the consumer's right to be informed about the characteristics, quality and price of the goods or services before transacting;
6. Analysis of current consumer protection Act in e-commerce policy, India in claims, the right to seek redressal against any unfair or unconscionable trade practices; as well as the right to receive complaint and compensation from the seller in case of defective goods. The Act also provides for consumer forums and courts to adjudicate consumer disputes.
7. Analysis of current consumer protection Act in e-commerce policy, India in claims, The Act also seeks to strengthen enforcement mechanisms, including the appointment of an enforcement officer at the district level and the creation of a consumer protection authority in each state.
8. Analysis of current consumer protection Act in e-commerce policy, India in claims, The Act further requires the setting up of a National Consumer Helpline which will provide free legal advice and support to consumers. The Consumer Protection Act, 2019 will go a long way in providing better consumer protection in India, especially in the e-commerce space.
9. Analysis of current consumer protection Act in e-commerce policy, India in claims, This Act seeks to promote transparency and good practices in the industry. It also provides a strong legal framework for consumers in case of any dispute. This will help to ensure that e-commerce businesses are held accountable for any losses or damages incurred due to negligence or unfair trade practices. It is, thus, expected that this Act will empower consumers to make informed decisions and seek justice in case of any complaints or grievances.

Documents

Application Documents

# Name Date
1 202341038281-STATEMENT OF UNDERTAKING (FORM 3) [03-06-2023(online)].pdf 2023-06-03
2 202341038281-REQUEST FOR EARLY PUBLICATION(FORM-9) [03-06-2023(online)].pdf 2023-06-03
3 202341038281-FORM-9 [03-06-2023(online)].pdf 2023-06-03
4 202341038281-FORM 1 [03-06-2023(online)].pdf 2023-06-03
5 202341038281-DECLARATION OF INVENTORSHIP (FORM 5) [03-06-2023(online)].pdf 2023-06-03
6 202341038281-COMPLETE SPECIFICATION [03-06-2023(online)].pdf 2023-06-03