Digital Consumer Rights: Ensuring Protection In The Virtual Realm

Shilpa S, LLM, Christ (Deemed to be University)

ABSTRACT

Electronic Commerce or E-Commerce is a new method of doing business. It is a way of conducting business online for goods or services. The intensity of E-commerce has grown extravagantly with widespread internet usage. The main advantage of E-commerce is that business transactions can be conducted from wherever the person intends to achieve them. Another advantage is that it is the cheapest way of doing business. But even if there are an immense number of benefits, problems are also there with E- commerce, such as security, inability to examine the product personally, defective products sold, and deficiencies in online service. Under these circumstances, a question arises as to whether the consumers in E-commerce are protected the same as ordinary customers. Considering this question, it is essential to note that the Information Technology Act, of 2000 has been enacted to confine electronic transactions. Also, there are various other statutes to deal with all the issues in cyberspace. The Consumer Protection Act, of 1986 was one of the statutes that played an essential role in protecting consumers. It is evident from the definitions provided under the Consumer Protection Act that whether a person is purchasing goods, availing services through the Internet, or going physically to the market doesn't matter. However, that person comes under the ambit of "consumer" under the Consumer Protection Act 1986. However, due to the sudden growth in online transactions, there was a need to fill the gaps in the Consumer Protection Act of 1986. Thus, the Central Government replaced the Consumer Protection Act 1986 with the Consumer Protection Act 2019, which broadly includes consumers making online purchases. Apart from that, Consumer Protection (E-Commerce) Rules, 2020, has been made in connection with the protection of consumers in general and e-commerce in particular. Another question is how other countries would take the necessary steps to protect online consumers within their territories. It should be mentioned that numerous developing and transitioning nations still want the appropriate legal frameworks to safeguard their online consumers. Of the 142 countries that provided the data, about 115 have passed laws pertaining to e-commerce consumer protection. Now the most crucial question in this particular context is whether the redress mechanism is available to e-consumers like that of ordinary consumers in our country. Consumer forums at the district level, State, and National Commissions are set up for speedy and inexpensive consumer justice. Apart from that, the Central Consumer Protection Authority, a new authority, has also been added to the Consumer Protection Act 2019 to resolve the disputes and grievances of consumers expeditiously. In today's context, consumers are facing many problems concerning e- commerce and the need for proper redress mechanisms. The initial objective of this research is to study in detail the protection of consumers in the virtual world and finally answer the above questions relating to the protection of e- consumers.

Keywords: E-Commerce, Consumer Protection Act, 1986, Information Technology Act, 2000, Consumer Protection (E-Commerce) Rules, 2020, Consumer Protection Act, 2019, Central Consumer Protection Authority.