The concept of “Buyer beware” continues when we step onto the e-commerce platform
Jayant Kumar Dhurandhar
Assistant Professor of Law, Kalyan Law College, Bhilai (CG)
*Corresponding Author E-mail: jayant718@gmail.com
ABSTRACT:
E-commerce (electronic commerce) is the exchange of goods and services and the transmission of money and data over the Internet. E-commerce relies on technology and digital platforms, including websites, mobile apps, and social media, to make buying and selling possible. E-commerce is the exchange of goods and services and the transfer of money and data over the Internet. E-commerce relies on technology and digital platforms, including websites, mobile apps and social media, to enable buying and selling.
KEYWORDS: Consumer protection, E-Commerce, Online protection, Buyer beware.
INTRODUCTION:
The Consumer Protection Act, 2019 provides for the protection of the interests of consumers and establishes consumer courts for settlement of disputes. The Act empowers the central government to take measures for preventing unfair trade practices and protecting the interests and rights of consumers in e-commerce. Any form of business transaction conducted electronically is ecommerce. In July 2020, the Consumer Protection (E-Commerce) Rules, 2020 were notified under the Act to specify duties and liabilities of e-commerce entities and sellers on their platforms. In July 2021, the Department of Consumer Affairs released draft amendments to the 2020 Rules for public feedback. It noted that amendments are necessitated due to widespread cheating and unfair trade practices in the e-commerce ecosystem. These include practices such as preferential treatment to some sellers and reduction in consumer choice due to back-to-back sales. Development of Technology and digitalization of economy has acted to aggrandize the world economy and its adaptability has become a hysteria which has reached a crescendo around the world at large and has indeed spared none. Today we can track online trade even from the remotest rural India and also from various under developed countries and region worldwide. Initially when computer and internet was thought of being used for a purpose other than calculations of varied nature the onset of buying and selling of goods started through the data transmission system by using electronic data interchange (EDI).
Concept of Consumers in E-Commerce
According to the United Nations Guidelines for Consumer Protection1 “Consumers” generally refers to a natural person, regardless of nationality, acting primarily for personal, family or household purposes. There is not much deviation in the dictum of e-commerce when we seek to define the definition of consumers. In common parlance every such person who had purchased a product or had availed of any service can be counted as one amongst in the queue of consumers. The definition of Consumers find place under the Consumer Protection Act, 2019 under Section 2(7) of the Act2.
Product Liability
Product liability is Consumer protection centers around some factors which the business that is the manufacture, distributer, wholesaler as well as retailer are to keep in mind as the time of during any transaction with the consumers. The trigger point of product liability ensures any inherent manufacturing defects in the design of a particular product, or non-specifications of warnings that are necessary for the purpose of proper use of such product and of course any breach of the terms of the warranty. This consciousness or responsibility is defined in legal parlance as “product liability” 3 as is defined under Section 2(34) of the Consumers Protection Act, 2019.
To protect the rights of its consumers in India all these above mentioned factors are specifically defined in the statute to give a predefined parameter so that any violation of the same can secure the right of the consumers. In short it can be said that Section 2(10) of the Consumer Protection Act, 2019 defines the scope of “defect” 4, which in common parlance would mean any kind of imperfection or fault. Another factor that is a reason to look at the spectrum of product liability is the definition of “design” 5 as defined under Section 2(12) of the Consumer Protection Act, 2019.
The most common factor that causes non-satisfaction with the quality of the product or the service provided by the business to the consumer is generally negligence or deficiency. The word “deficiency” 6 has also been defined under Section 2(11) of the Consumer Protection Act 2019.
Definition of E-commerce
E-commerce (electronic commerce) is the exchange of goods and services and the transmission of money and data over the Internet. E-commerce relies on technology and digital platforms, including websites, mobile apps, and social media, to make buying and selling possible. 7 There are many reasons why ecommerce is important. Here is some of the importance of ecommerce:-
1. Foremost reason is that it is a cost-effective business.
2. It provides a convenient way of shopping for customers.
3. It offers a wide range of products and services.
4. It allows selling products or services to customers who are not physically present at the time of sale.
5. It provides a seamless journey from purchase to fulfillment.
6. It will enable companies to market their products or services through social media and other online platforms, providing the opportunity to reach a wide range of audiences around the world. 8
United Nation Conference on Trade and Development deals with chapter I the concept of electronic commerce under Clause 63 to 659 wherein certain guidelines have been projected for development of this concept of e-commerce and also to formulate adequate laws by the member States of United Nations Organization to ensure that no consumer suffers for want of product liability in the electronic platform.
In India e-commerce has been defined under Section 2(16) of the Consumer Protection Act 201910 and also thee has been an enactment of the Consumer Protection (E-Commerce) Rules, 2020.
Types of E-Commerce
Currently there are nine types of e-commerce:-
· Business to Consumer (B2C)
· Business to Business (B2B)
· Business to Government (B2G)
· Consumer to Consumer (C2C)
· Consumer to Business (C2B)
· Consumer to Government (C2G)
· Government to Business (G2B)
· Government to Consumer (G2C)
· Government to Government (G2G)
Business to Consumer (B2C)
These types of relationships can be easier and more dynamic, but also more intermittent. This type of commerce has developed really, due to the advent of the web, and there are already many virtual stores and malls on the Internet, which sell all kinds of consumer goods, such as computers, software, books, shoes, cars, food, financial products, digital publications, etc.
Business to Business (B2B)
These types of relationships cover all electronic transactions of goods or services conducted between companies. Producers and traditional commerce wholesalers typically operate with this type of electronic commerce.
Business to Government (B2G)
This type of relationships generally covers to businesses selling products services or information to governments or government agencies. Some of the examples of B2G business are Riskpluse, Senseware , Skycatch, OpenGov.
Consumer to Consumer (C2C)
This type e-commerce includes all electronic transactions of goods or services conducted between consumers. Generally, these transactions are conducted through a third party, which provides the online platform where the transactions are actually carried out. A most common example of this model of transaction is the classifieds section of e-newspaper, that apart Amazon facilitates bothB2C transaction as well as C2C transactions, second example is eBay which is an auction site. Airbnb is a platform where interested consumers upload their residence in the said portal for being let out to another consumer.
Consumer to Business (C2B)
C2B business is a model where a customer or end-user makes content, products, or services that a company uses to complete a business process. Google AdSense and Shutterstock are some real-world examples of C2B services. There are many real-world example, focus groups, social media, reviews, blogs, freelance websites, polls and surveys, etc. Celebrities are big players in C2B marketing strategies, that is, they get paid. Advertise various products through social media.
Consumer to Government (C2G)
Consumer to Government means the consumer is the buyer and the government agency is the seller. Examples of C2G e-commerce include making online payments through government websites for things like electricity, health insurance or taxes. Benefits of C2G model: Creates connections between citizens and government. Provide a way for people to communicate with public areas. The consumer is the buyer and the government agency is the seller.
Government to Business (G2B)
G2B is a relationship between Government to business, where government agencies of different levels provide service or information to a business entity via government portals. It refers to business-specific transactions (such as payments, selling and acquisition of goods and services, etc.) and the provision of business-focused services online.
Government to Consumer (G2C) 11
This is generally a form of e-governance wherein a plethora of services are provided under this model.
· All about Aadhaar- provides all information related to aadhaar or Unique Identification Number of individuals in India.
· All about ePIC-provides information related to Electoral Photo Identity Card in digital format.
· Business related services-information related to online services available in the business sector.
· Cybercrime Reported Portal-information about Cybercrime Reporting Portal.
· Digital Police Portal-information about Digital Police Portal.
· E-Citizen Services-provides the data and links to access online services for applying Aadhaar card, PAN card, etc.
· E-India Information-provides the political and geographical details of India.
· E-Rural Development Related Information-provides details of useful government schemes, skill development courses, district health facility related information, panchayat details, etc.
· E-visa-provides information related e-visa service of Government of India.
· Education related services-information related to online services available in the Education Sector.
· Employment related services-online related services related to employment.
· Grievance Redressal- online services available related to grievance redressal.
· ICT innovations of Election Commission of India-information about ICT innovations of Election Commission of India.
· National CSR Data Portal-provides information about National CSR Data Portal.
· National Voter Service Portal –provides information about National Voter Service Portal.
· Online civic services for residents of Cantonment Boards-provides information about E-Chhawni portal and mobile app that provides online civic services to over residents of Cantonment Boards across the Country.
· PDS portal of India-provides information about the ePDS portal.
· Transport related services-provides information about online services related to Transport Sector.
Government to Government (G2G)
Government to government (G2G) is the sharing of data and/or information systems electronically between government agencies, departments or organizations. The main objective of G2G is to promote e-government initiatives by improving communications, data access and data sharing. Examples of G2G e-commerce include making Bhoomi Project: Online Delivery of Land Records, KHAJANE: Automation of Government Treasury System e-Seva, e-Courts etc. 12
Some of the major developments in the Indian e-commerce sector are as follows:
· Walmart is preparing to spend over US$ 2.5 billion in India as the retailer doubles down on the opportunities it sees in India’s e-commerce and payments markets.
· Hyperlocal e-commerce startup, Magicpin announced that its daily order volume has zoomed 100-fold to 10,000 per day from over 100 within a month of joining thew government-promoted Open Network for Digital Commerce (ONDC) network.
· In June 2022, Amazon India signed an MoU with Manipur Handloom & Handicrafts Development Corporation Limited (MHHDCL), a Government of Manipur Enterprise to support the growth of artisans and weavers across the state.
· India’s eCommerce sector received US$ 15 billion of PE/VC investments in 2021 which is a 5.4 times increase year on year. This is the highest investment value received by any sector ever in India.
· In February 2022 Xpressbees a logistics ecommerce platform become a unicorn valued at US$ 1.2 billion in 2022. The firm raised US$ 300 million in its Series F funding.
· In February 2022, Amazon India launched One district One product (ODOP) bazaar on its platform to support MSMEs.
· In February 2022, Flipkart launched the “sell back program” to enable trade in smartphones.
· In January 2022, Walmart invites Indian sellers to join its US market place with an aim of exporting US$ 10 billion from India each year by 2027.
· In January 2022, Flipkart has announced expansion in its grocery services and will offer services to 1,800 Indian cities.
· In November 2021, XPDEL US- based ecommerce announced expansion in India.
· In September 2021, CARS24, India's leading used car e-commerce platform, has raised US$ 450 million in funding, comprising a US$ 340 million Series F equity round and US$ 110 million in debt from various financial institutions.
· In September 2021, Amazon launched Prime Video Channels in India. Prime Video Channels will give Prime members a seamless experience and access to a variety of popular video streaming services.
· In September 2021, Bikayi, a mobile commerce enabler, raised US$ 10.8 million in a Series A funding round, led by Sequoia Capital India.
· Flipkart, India's e-commerce power house, announced in July 2021 that it has raised US$ 3.6 billion in new funding from various sources including sovereign funds, private equities and Walmart (parent company).
· Based on the aforesaid a detailed projection was prepared in two slots in such report which projected the advantages India is to encounter with the growth of this sector of commerce by availing electronic platform.
Various Model of E-commerce
To lay focus on the concept of consumer protection and concept of product liability as has been elucidated at length in light of Consumer Protection Act we are required to understand the entire infrastructure and the podium wherein the amplitude of e-commerce rest and to fructify the same we are required to peep into the scope and ambit of various models of e-commerce under which the same functions. Grossly speaking the same can be categorized under six heads:-
· Marketplace Model
· Fulfillment Centre Model
· Hybrid Model
· Agency Model
· Inventory Model
· Service Aggregators Model
Marketplace Model
A marketplace model the e-commerce is a platform or website where buyers and sellers can meet and exchange goods or services. In this type model specifically developed, managed and/or operated by the owner of such platform. But the owner of the platform does not involve in the sale of goods or provide any services. Usually in this model there exist three parties website (centralized platform), on seller and last party is the buyer. Examples of these types of model marketplaces typically include Amazon Flipkart, Snapdeal and Others.
Fulfillment Centre Model
E-commerce fulfillment is the process of receiving orders, packaging and distributing products or to the consumers who purchase them. This may mean products might be packed and shipped to stores for retail fulfillment (also called business-to-business or B2B fulfillment) directly to individual people (called business-to-consumer or B2C fulfillment). 14
Hybrid Model
It provides Businesses a single dashboard with, a digital infrastructure with shared data, product information, content, and design layout and allows Businesses to deploy sales strategies more efficiently and across multiple markets. Instead of creating a new platform out of scratch, companies can just switch to another platform, begin product configuration, and start selling. 15 The hybrid approach refers to the mix of both marketplace and inventory-led models.
Agency Model
In the Agency Model, the agency's role in logistics and fulfillment varies depending on the specific arrangement.. The agency may provide guidance on best practices, offer recommendations for logistics partners, or even negotiate favorable rates. The advantage of involving the agency in logistics and fulfillment is that businesses can leverage the agency's existing infrastructure and relationships to streamline operations and reduce costs. By relying on the agency's expertise, businesses can benefit from efficient order processing, timely delivery, and effective inventory management, ultimately enhancing the customer experience. 16
Inventory Model
In the Inventory model, an e-commerce company own goods or services and sells them directly to customers. The e-commerce entity should be the only seller on such an e-commerce store platform and there should not be any third-party seller on such e-commerce platform. 17 Example IKEA, Myntra, Jabong etc.
Service Aggregators Model
It is a networking e-commerce business model where this firm known as an aggregator brings information and data about a particular item or service providers to one place. However, the brand name is the name of such aggregator/owner. Example ola, Uber, Meru, MakeMyTrip, Goibibo, 99acress, yatra, Urban Company.
International Laws Governing E-Commerce
When we step in to the field of international law, the types of e-commerce that find their identity are Business to Consumer (B2C), Business to Business (B2B), Business to Government (B2G), Consumer to Consumer (C2C), Consumer to Business (C2B), Consumer to Government (C2G), Government to Business (G2B), Government to Consumer (G2C), Government to Government (G2G).
Resolution No A/RES/51/162 was adopted by the General Assembly of the United Nations Commission on International Trade Law at its twenty-ninth session to facilitate the development of paperless methods of communication of information storage. The United Nation Commission on International of Trade Law (UNCITRAL) adopted the Model Law of Electronic Commerce with additional Article 5bis and its purpose was to enable and facilitate commerce conducted using electronic means.
The Data Protection Directive is a European Union directive that regulates the processing of personal data and the free movement of such data within the European Union. After this, the General Data Protection Regulation (GDPR) law was enacted. The GDPR is an important of EU privacy law and human rights law, in particular Article 8(1) of the Charter of Fundamental Rights of the EU and it’s also addresses transfers of personal data outside the EU and European Economic Areas. Its main objective is to strengthen the individual’s control and rights over their personal data and to simplify the regulatory environment for international trade.
Laws Applicable to E-Commerce Operators in India
The rapid growth of e-commerce has given rise to the need to strengthen the legal infrastructure to ensure that the interests of all users of the said platforms are protected and appropriately governed within the parameters of the law with the existence of legislative statutes are protected. It is a fact that since the practice of e-commerce is not limited to the jurisdiction of any locality or state as it has provided access to the international platform to businesses and consumers, the enactment of local laws was also mandatory and ensure smooth regulation of the said business.
In brief, the list of acts in the nature of laws, rules, regulations, policies etc. applicable to e-commerce transactions is as follows:-
1. Information Technology Act, 2000
2. Consumer protection Act, 2019
3. The Consumer Protection (E-Commerce) Rules, 2020
4. Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010
5. Chapter VII “Equalisation Levy” under the Finance of India Act, 2016 read with Equalisation Levy Rules,2016 which was amended by the Equalisation Levy Rules, 2020
6. The Payment and Settlement Systems Act, 2007
7. Foreign Direct Investment Policy, 2020
8. The Mediation Bill 2023 (“Mediation Bill”)
Information Technology Act, 2000
Information Technology Act was enacted to ensure that India is a member state of the United Nation Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce, which aims to protect its consumers in the new platform of electronic commerce and also ensure that the parameters product liability is maintained in this new paperless platform. In other words, this act is also called cyber Law.
The real objective of the statute is stated in the Preamble of this Act and may be quoted here:-
“An Act to provide legal recognition for the transactions carried our by means of electronic data interchange and other means of electronic communication, commonly referred to as "Electronic Commerce", which involve the use of alternatives to paper based methods of communication and storage of information , to facilitate electronic filings of documents with the Government agencies and further to amend the Indian Penal Code, Indian Evidence Act, 1872,, The Bankers' Books Evidence Act, 1891, and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto.
WHEREAS the General Assembly of the United Nations by resolution A/RES/51/162, dated the 30th January, 1997 has adopted the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law;
AND WHEREAS the said resolution recommends inter alia that all States give favorable consideration to the said Model Law when they enact or revise their laws, in view of the need for uniformity of the law applicable to alternatives to paper-based methods of communication and storage of information;
AND WHEREAS it is considered necessary to give effect to the said resolution and to promote efficient delivery of Government services by means of reliable electronic records, BE it enacted by Parliament in the Fifty-first Year of the Republic of India” 18
With the enactment of this Act, several amendments were made to the statutes to facilitate the objective of the information Technology Act, 2000, as detailed herein above in the introduction.
The Mediation Act 2023
Mediation is not a new thing in India. The historical use of mediation through Panchayats for community conflict resolution is well known and is still preferred. Section 89(1) of the Code of Civil Procedure, 1908 allows courts to suggest mediation, conciliation, judicial settlement or arbitration for dispute resolution. It has been well accepted and implemented by the Courts. Mediation centers have been set up all over India. Despite this, private arbitration lacked structure and legal recognition, discouraging participation. To address this, the Arbitration Bill 2021 was proposed and the Arbitration Act was passed by Parliament on 14 September 2023 to enhance the effectiveness of arbitration and provide a comprehensive legal framework for it.
“An Act to promote and facilitate mediation, especially institutional mediation, for resolution of disputes, commercial or otherwise, enforce mediated settlement agreements, provide for a body for registration of mediators, to encourage community mediation and to make online mediation as acceptable and cost effective process and for matters connected therewith or incidental thereto.” 19
Online Mediation has been defined in section 3(q) of the Arbitration Act 2023 as follows: In this Act, unless the context otherwise requires, — "Online Mediation" means online mediation referred to Chapter VII in section 30;
“(1) Online mediation including pre-litigation mediation may be conducted at any stage of mediation under this Act, with the written consent of the parties including by the use of electronic form or computer networks but not limited to an encrypted electronic mail service, secure chat rooms or conferencing by video or audio mode or both.
(2) The process of online mediation shall be in such manner as may be specified.
(3) The conduct of online mediation shall be in the circumstances, which ensure that the essential elements of integrity of proceedings and confidentiality are maintained at all times and the mediator may take such appropriate steps in this regard as he deems fit.
(4) Subject to the other provisions of this Act, the mediation communications in the case of online mediation shall, ensure confidentiality of mediation”
The future of mediation in India lies in its ability to influence social change in a way that law does not. The Act should be implemented more in spirit rather than from, as a renowned jurist has rightly said, “It is the sprit, not the form that keeps justice alive.”
Forum for Grievance Redressal
In India, Rules 820 of the Consumer Protection (e-Commerce) Rules,2020 clearly provides that all transactions fall within the scope of e-commerce and are governed by the provisions provided under the relevant provisions of the Consumer Protection Act, 1999.Circumsstances that disputes may arise from e-commerce within the jurisdiction of India will be covered under Section 2(35) of the Consumer Protection Act, 2019 for the redressal of any complaint which provides for a variety of avenues to lodge any complaint against the business.
When it comes to cross-border disputes, there are organizations that cater to such needs. One of these is UNCTD whose focus is to work on competition and consumer policies and ensure that partner countries take advantage or increased competition, open and competitive markets, private sector investment in key sectors and ultimately better well-being for consumers.
The OCED is another organization that addresses a wide range of issues relevant to consumers, notably through its Consumer Policy Committee (CCP). OECD is also an observation organization of ICPEN. These organizations take care of cross border electronic commerce and ensure that consumers are protected in terms of product liability compliance.
The Consumer Protection (e-commerce) Rules, 2020 in India also contain details of other liabilities of marketplace e-commerce entities, duties and liabilities of inventory e-commerce entities duties of sellers on marketplaces and duties of e-commerce entities.
Some landmark judgments
Several landmark judgments have contributed to the evolution of e-commerce regulations in India. Here are some important case laws.
1. Amazon Seller Services Pvt. Ltd. vs Love Kumar Sahu & Anr (Appeal No. FA/2018/05):
This case raise questions about the validity of refund policies set by sellers in e-commerce and the protection of consumers under the IT Act, highlighting the need for consumer trust and adequate safeguards for growth in this sector.
2. MCX Stock Exchange Ltd. v. Securities and Exchange Board of India (2013): (WRIT PETITION NO.213 OF 2011)
This case relates to the regulation of online trading platforms and compliance with securities laws. The Supreme Court of India held that online trading platforms must follow the rules set by the Securities and Exchange Board of India to ensure investor protection and market integrity.
3. Mohammed Ajmal Mohammad amir Kasab v. State of Maharashtra21
The Supreme Court while delivering a landmark judgment appreciated the evidentiary value of CCTV footage, electronic devices like mobiles, memory cards, and data storage devices, intercepted communications on VoIP, IP addresses etc. and gazetteers.
4. Internet and Mobile Association of India v. RBI22
In a judgment of the Supreme Court of India delivered on March 4, 2020 in the case Internet and Mobile Association of India vs Reserve Bank of India, the court struck down the circular issued by the Reserve Bank of India. The circular issued bans trading of virtual currencies, also known as crypto currencies. The Court is of the view that the restrictions imposed by the Reserve Bank of India on banks and other entities with respect to trading of virtual currency are unreasonable and hence declare the restrictions unworkable.
5. A Gujarat High Court judgment stated that “As per the rules, any seller offering goods or services through a marketplace e-commerce entity is obliged to provide the necessary information to the e-commerce entity and that information would be displayed on its platform or website.” 23
The COVID pandemic crisis has forced many small businesses to reevaluate decades-old traditional business models or face permanent closure. New and existing technologies have been placed at the forefront of every business toolkit, and forward-looking businesses are addressing the talent questions arising from these new digital business skill sets.
Risk of further business closures from COVID-related disruptions, in addition to the inherent financial fragility of business, paints a grim forecast for many businesses still open. Or is this just an opinion based on a lack of data?
In the chart below we see a distinct upward jog in total global retail sales from 2019-2020, giving a strong boost to a steady 8% growth in retail ecommerce sales worldwide forecast through 2024.This shows us an increase in online retail sales as a result of the paradigm shift that COVID disruptions have brought to business.
GRAPH: e-Commerce Share of Total Global Retail Sales 2015-2024
CHART: Shareof B2B Companies Selling Through ecommerce before and During the Pandemic, By Country 2020
As various pandemic-related business restrictions that prevented in-person activities crept across the world’s regions, business turned to the pandemic-proof ecommerce sales channels for basic survival. Online, global consumers could not stop purchasing through their favorite websites (44% of global digital purchases) and online marketplaces (47% of global digital purchases). In response to this consumer migration to digital, Brazil, Spain, Japan saw the largest increase in number of businesses selling online as a reaction to the pandemic.
CONCLUSION:
Today most of the world communicates electronically. The share of global trade conducted online is increasing, providing benefits domestically and internationally. As time is passing by, the trend of paperless transactions is gaining importance and this transaction is not limited to goods only, the definition of e-commerce is changing every day by adding new concepts and categories of services and products to its customers including within the scope. Consumer laws are being amended along with other laws that relate to them as new additional factors develop. Digital trade is improving the efficiency of domestic economies and creating new jobs. In one word we can say that what started with the barter system has now come to the electronic platform and many more well be seen in the future.
REFERENCES:
1. The United Nations Guidelines for Consumer Protection were adopted by consensus by United Nations General Assembly in resolution 39/248 of 16 April 1985,later expanded by the Economic and Social council in resolution 199/7 of July 26,1999 and this was further revised and adopted by the General Assembly in resolution 70/186 of December 22,2015. https://unctad.org/system/files/official-document/webditcclp2016d1.pdf
2. "Consumer" means any person who— (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or (ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for 6 consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose. Explanation. —For the purposes of this clause, — (a) the expression "commercial purpose" does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment; (b) the expressions "buys any goods" and "hires or avails any services" includes offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing
3. "Product liability" means the responsibility of a product manufacturer or product seller, of any product or service, to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating thereto;
4. "Defect" means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract, express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods or product and the expression "defective" shall be construed accordingly;
5. "Design", in relation to a product, means the intended or known physical and material characteristics of such product and includes any intended or known formulation or content of such product and the usual result of the intended manufacturing or other process used to produce such product;
6. "Deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes— (i) any act of negligence or omission or commission by such person which causes loss or injury to the consumer; and (ii) deliberate withholding of relevant information by such person to the consumer;
7. https://www.forbes.com/advisor/business/what-is-ecommerce/#definition_of_e_commerce_section
8. https://cyfersolutions.com/e-commerce-important-modern-business/
9. https://unctad.org/en/PublicationsLibrary/ditccplpmisc2016dl_en.pdf
10. "e-Commerce" means buying or selling of goods or services including digital products over digital or electronic network;
11. https://vikaspedia.in/e-governance/online-citizen-services/government-to-citizen-services-g2c
12. https://byjusexamprep.com/current-affairs/g2g-examples
13. https://www.ibef.org/industry/ecommerce
14. https://dclcorp.com/blog/fulfillment/ecommerce-fulfillment-models/
15. https://businesswebstars.com/en/online-marketing-blog-in-amsterdam-business-webstars-software-house/105-why-choose-hybrid-e-commerce-over-the-typical-e-commerce-platform.html
16. https://www.simplfulfillment.com/define/agency-model
17. Promotion and Regulation of E-commerce in India
18. https://police.py.gov.in/Information%20Technology%20Act%202000%20-%202008%20(amendment).pdf
19. The Gazette of India, New Delhi, the 15th September, 2023/Bhadra 24, 1945 (Saka)
20. Contravention of rules.-The provisions of the Consumer Protection Act, 2019 (35 of 2019) shall apply for any violation of the provisions of these rules.
21. Mohammed Ajmal Mohammad amir Kasab v. State of Maharashtra, AIR 2012 SC 3565
22. Internet and Mobile Association of India v. RBI, Writ Petition (Civil) No 373 decided on March 4, 2020
23. Yatin Sureshbhai Soni vs Union Of India,C/WPPIL/102/2020 decided on 29 July 2020
24. https://www.trade.gov/ecommerce-sales-size-forecast
25. https://www.trade.gov/impact-covid-pandemic-ecommerce
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Received on 16.11.2023 Modified on 30.11.2023 Accepted on 09.12.2023 © A&V Publication all right reserved Int. J. Rev. and Res. Social Sci. 2023; 11(4):. 306-314 DOI: 10.52711/2454-2687.2023.00052 |