E-commerce is defined as, “the use of electronic transmission medium to engage in exchange, including buying and selling of products and services requiring transportation, either physically or digitally, from location to location”.
E-commerce in relation to consumer law deals with the buying and selling of the products and their consumer rights. But despite of all the rights that protect the consumers, the trade and transaction are considered to be inherently risky. These concerns involve data privacy, online thefts, and insecurities etc. Also it is not easy to pass such legislation as it is thought to be a hindrance for the development of trade on the cyber platform.
Advantages of E-commerce
Deceptive Practices in E-Commerce
- Online Identity theft and Phishing
- Items paid for were never delivered
- Delivery of items not conformity with descriptions and standard packaging
- Investment and Security scams
- Spoofing
- Spamming
- Misleading Advertisement
- Invasion of Consumer Privacy
- Deficient Services
- Insecurities
THE LEGAL FRAMEWORK IN INDIA
The Consumer Protection Act talks about the consumer disputes that may arise, but it does not concern the e-transactions disputes that take place between a consumer and seller. For this the Consumer Protection Bill, 2015 purposes to specifically include all the online transaction, but it is also argued that the existing laws are sufficient to deal with these issued. However, they have failed to do so. So, today India does not have a comprehensive legislative Protection for e-commerce disputes.
Measures to protect Consumer Rights
- Governments and stakeholders must join hands to ensure such protection.
- It must be ensured that businesses do not make representations or omissions, or adopt any deceptive, misleading, unfair, fraudulent practice.
- Online disclosures must be clear, accurate, easily accessible and noticeable so that consumers’ have sufficient information which will help them make an informed choice.
- It must be ensured that online traders do not use unfair, unilateral and non-negotiable contract terms and that they do not miss represent or hide terms and conditions that may affect a consumer’s decision regarding a transaction.
- They should not adopt deceptive practices in collection and use of consumer’s personal data.
- It is important to make sure that the e-shopping sites or mobile applications do not prohibit the consumers’ ability to make negative reviews or dispute charges and they are given ample opportunities to approach government agencies or other complaint bodies.
- It should be ensured that the advertisements of goods are consistent with the actual characteristics of goods and services and conditions of access and usage.
Rights of a Consumer
Online Transaction
Therefore, the governments as well as inter-governmental organizations have come up with various frameworks to deal with e-commerce and e-consumers. But a review of existing legal framework shows that it has failed to address e-consumer needs. It has not been able to protect the consumers form infringement of their rights. Thus India is in need of consolidating the law to deal with all above-mentioned situations so that the electronic consumers’ right can be protected properly.
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