consumer protection case study in india

Top 10 Case Study on Consumer Rights

We know consumer laws and courts exist, but only by reading through some case law can you understand how you as a consumer can exercise your rights!

On an everyday basis, we purchase products and services. From our basic necessities like food and clothing to services like banking and education, we are dependent on companies and organisations to live comfortably in the present day, and we give them our hard-earned money in return. But sometimes, companies might fail to provide quality services or products. Many know there exist consumer courts and laws that protect consumers from consumer exploitation . But have you ever wondered who goes to these courts and what types of cases are filed? You would be surprised to know how basic these cases can be. So, here are 10 interesting case study on consumer rights curated for you.

Table of Contents

Top 10 Case Studies on Consumer Rights

1. banks can’t always escape using ‘technical difficulties’.

We have come to rely on banks so much. A recent case study on consumer rights highlighted the need for stronger regulations. More than ever, most of our transactions are digital and heavily reliant on banks for these. Have you ever had your transaction fail due to the server being down or other errors?

Dipika Pallikal, a squash champion and Arjuna awardee found herself in an awkward situation when she used her Axis Bank Debit Card in a hotel at Netherlands’ Rotterdam failed. She had had 10 times the bill amount in her account at that time. Due to this, she faced a loss of reputation and humiliation. The bank said the incident was a case of ‘ Force Majeure’ (an act of god/ something beyond control)

Apart from that, the bank had also returned a cheque of ₹1 lakh issued to her by the government of India and blamed it on a technical error.

Dipika moved the consumer court in Chennai against Axis Bank

Court Decision

The court found that there was a deficiency of service on the part of Axis Bank and directed the bank to pay a compensation of ₹5 lakh and ₹5000 as expenses.

Key Takeaway

Banks are like any other service provider. We trust them with our money and they must perform the services we were promised. They cannot hide behind ‘technical difficulties’ or ‘ force majeure ’ and let customers suffer for it.

2. You Don’t Have to Be a Celebrity to Win a Consumer Case

A humble tea vendor, Rajesh Sakre, is an example of this. He had ₹20,000 in his State Bank of India account and had withdrawn ₹10,800. On his next visit to the ATM, however, he realized all his money was gone. When he asked the bank authorities they blamed it on him. 

So, he went to the District Consumer Disputes Redressal Forum with his grievance. He couldn’t afford a lawyer and he argued the case himself. This case study on consumer awareness presents insights into how consumers are becoming more vigilant.

The forum ruled in his favour and ordered the State Bank of India to return the ₹9,200 with 6% interest, pay ₹10,000 as compensation for mental anguish caused by the issue, and ₹2,000 for legal expenses.

It doesn’t matter who you are, as long as you have a valid case you can approach the Consumer cases Forum. And even big companies and government entities like the State Bank of India can be made to answer for their mistakes.

3. Not All Free Items Are Welcome

Imagine you bought a bottle of Pepsi and found a packet of gutka floating in it! It happened to Rajesh Rajan from Ahmedabad when he bought Pepsi from a local store. He sent a legal notice to the company immediately and approached a Consumer cases Dispute Redressal Forum. Every case study on consumer complaint tells a unique story of a consumer’s journey towards justice.

Moreover, he claimed that there was a deficiency in service that could have caused a health hazard to him. He demanded compensation of ₹5 lakh for the same.

The consumer forum passed an order in favour of Rajesh Rajan and directed the company to pay a total of ₹4008 (₹4000 for compensation and ₹8 for the Pepsi he purchased).

Rajesh moved the State Consumer Dispute Redressal Commission, asking for higher compensation as ₹4008 was too low and that he had spent ₹500 on sample testing itself. The State Commission passed an order asking the company to pay ₹20,000 as compensation and ₹2000 towards costs as it found Rajesh’s argument reasonable.

Free items are not all welcome! It is a deficiency in service on the part of the provider if you find anything in your food (packaged or otherwise) that isn’t supposed to be there. The Consumer Cases Forums are a good place to take them.

4. Paying More Than the MRP? You Shouldn’t.

It has become common to charge more than the maximum retail price (MRP) for packaged goods. Especially in places like theatres, food courts, railway stations, etc we see this happen a lot and mostly ignore it.Among the prominent consumer cases last year, the MRP case stood out for its complexity

Mr Kondaiah from Andhra Pradesh, on the other hand, didn’t ignore it when he noticed that Sarvi Food Court charged him ₹40 for a water bottle where the MRP was ₹20. He filed a case against them in the District Consumer cases Disputes Redressal Forum for ‘unfair trade practice’. He supported his claim by producing the bill. The MRP case study on consumer rights brought to light some gaps in the existing regulations.

The court decided in favour of Mr Kondaiah and said that a practice is not justified just because it is widely common. Mr Kondaiah was awarded a compensation of ₹20,000, ₹20 (the extra money charged) and ₹5,000 in costs. 

No authority has the power to charge above the MRP for any packaged goods. It doesn’t matter where it is sold, you are not required to pay a rupee above the MRP.

5. No MRP at All on the Product?

Baglekar Akash Kumar, a 19-year-old got a book and ₹12,500 because of the book. How? He purchased the book online and when it was delivered, he noticed that there was no MRP mentioned in it. He browsed the internet and saw that the book was sold at different prices in different places.

So, he went to the consumer cases forum and filed a case against Penguin Books India Pvt. Ltd and the paper company.

The court held that not publishing MRP on the product without a valid reason is ‘unfair trade practice’. MRP exists to ensure that a consumer is not overcharged for the product. So, it is mandatory for companies to print MRP.

The publishers were asked to print the retail price on the book and Akash was awarded ₹10,000 as compensation and ₹2,500 as costs.

It is required under law for companies to put MRP on every product. If you see a product without MRP, then it is a violation of Consumer cases Protection Laws and you can take them to court. 

6. Medical Services Fall Within the Scope of the CPA

Do medical services fall under CPA? When there was a little confusion in this regard, the Indian Medical Association (IMA) decided to get this question resolved once and for all. The CPA case study on consumer rights brought to light some gaps in the existing regulations. The Medical Services case study on consumer complaint became a landmark case in consumer rights advocacy.

IMA approached the Supreme Court, asking them to declare that medical services are out of the scope of the CPA. They gave the following arguments to support their claim:

• Medical professionals are governed by their own code of ethics made by the Medical Council of India. 
• In the medical profession, it is hard to guarantee the end result of treatments. Many external factors which are out of the control of the professional can impact the outcome. So, allowing consumer claims will cause people to file a case whenever a treatment didn’t work out.
• There are no medical science experts in the consumer complaints online.
• Medical service provided by government hospitals will not fall under the Act especially when the service is provided for free. 

These were decent points. After consideration, the court settled the claims in the following manner.

Medical services provided by any professional (private or government) will be covered by CPA. This means  people can file a case in a Consumer Court if the service provided is not in confirmation with the Act.

• Doctors and hospitals who treat patients for free cannot be sued by a person who availed their services for free. 
• In a government hospital, where services are provided free of charge – the Consumer Protection Act India would not apply.

Apart from these two exceptions, the Act will apply when a person gets treated in government hospitals for free, when a poor person gets treated for free, and when insurance money is used for treatment.

7. Tired of the False Claims Made by Skin and Hair Care Products Yet?

Maybe you are not tired yet or you are too tired to question. However, a 67-year-old man from Kerala’s remotest areas was tired of these consistent lies and how companies got away with them.

In 2015, K Chaathu complained against Indulekha (beauty product manufacturers) and Mammootty (an actor who was the brand ambassador of the company) for putting up misleading ads. The tagline of the soap was ‘soundaryam ningale thedi varum’ which meant ‘beauty will come in search of you. The ads also claimed that people using the soap will become ‘fair’ and ‘beautiful’ but the 67-year-old didn’t become fair or beautiful.

Funny, right?

Compensation Paid

Indulekha paid him ₹30,000 in an out of the court settlement while the initial claim of Chaathu was ₹50,000. When he was asked about this, he said that this case was never about the money but about how these companies put up advertisements every day with false claims. And it is not okay to let these people get away with it.

Key Takeaways

Advertisements are made to sell the products, so exaggeration of results is too common. But this doesn’t make it okay to make false claims just for the sake of selling the products. Making false claims in violation of the CTA.

8. Homebuyers Are Consumers

Imagine you decide to buy a house (a dream come true for many). You do a lot of research, pool your hard-earned money, and pay a real estate developer to build the house for you. They promise to deliver within 42 months but 4 years later they haven’t even started construction. 

This is what happened to two people and they decided to move the National Consumer Disputes Redressal Commission (NCDRC) for it. The Homebuyers case study on consumer rights was instrumental in changing local regulations.

NCDRC decided in favour of the homebuyers and asked the real estate developer to refund the money with a simple interest of 9% per annum. They were also awarded a compensation of ₹50,000 each.

The real estate developer challenged this in the Supreme Court, saying that the issue is covered under another Act (Real Estate (Regulation and Development) Act) and therefore cannot be taken in a consumer court. But the Supreme Court denied their argument saying that as long as the other Act explicitly stops people from getting remedy under other laws, they will be allowed to do so.

Our laws are in such a way that even though there are other remedies available, in most cases where you are a buyer of a product or a service, you will have protection under the Consumer Protection Act. 

9. Insurance Claims Cannot be Rejected on Mere Technicalities

We pay the premium and get insurance to protect us from losses we can’t foresee. Sadly, many people have had bad experiences with the insurance company. Om Prakash, for example, had his truck stolen and claimed insurance for the same. The truck was stolen on 23.03.2010, the FIR filed on 24.03.2010, and the insurance claim was filed on 31.03.2010. 

The insurance investigator was sent and he confirmed that the claim was genuine. The claim approved for the amount of ₹7,85,000/-. But the amount was never given to Om Prakash. With the rise in consumer court cases , companies are now more cautious about their policies and practices. When he sent the insurance company a legal notice for the same, they replied saying that there was a breach of terms and conditions: 

“immediate information to the Insurer about the loss/theft of the vehicle”

Om Prakash was late to apply for insurance because he was held up with the police to try and recover his vehicle.

While the consumer courts didn’t allow his case, the Supreme Court allowed his appeal and held in favour of him. It was ruled that insurance companies cannot escape from paying the claimants on technical grounds. Especially when the claimant has valid reasons for it.

The Court directed the Respondent company to pay a sum of ₹8,35,000/- to the Appellant along with interest @ 8% per annum. He was also awarded ₹50,000 as compensation.

Over the years, many judgements have been made to ensure that insurance companies are accountable and do not escape from paying valid claims. If you experience a similar situation with your insurance provided, you can approach the consumer court.  

10. iPhone 5S Gold for ₹68 + ₹10,000

Let’s close the list with a fun one! How would it be to get an iPhone at just ₹68? In 2014, Nikhil Bansal (a student) saw this unbelievable offer on Snapdeal (a discount of ₹46,651) and ordered it immediately as any sane person would. He received an order confirmation but later he was told that the order was cancelled. They claimed that the offer itself was a technical glitch. “The iPhone case study on consumer complaint showcased the challenges consumers face even in today’s digital age.

When he approached the e commerce consumer complaints india Forum, he claimed that these kind of offers are misleading people and it was the duty of Snapdeal to honour the order. The forum ruled in his favour and asked Snapdeal to deliver him the iPhone for ₹68 and asked to pay a compensation of ₹2,000.

When Snapdeal appealed this order, the compensation was raised to ₹10,000! 

Key Takeaway – Case Study on Consumer Rights

Ecommerce stores are just as answerable as any other shop owner under the Consumer Protection Act. So if you face any issues like this with them, consider taking it to the consumer court. Through each case study on consumer rights, we can learn more about our rights and responsibilities

Consumer forums exist to protect consumers from consumer exploitation and ensure that we are not cheated by the companies we pay for getting products or services. Knowing your rights is the first step towards becoming a conscious consumer. 

Don’t hesitate to approach the consumer court if you have a valid claim of consumer exploitation . Even if it is for an ₹8-product like Pepsi, a valid claim should be taken to the forum.

Also, Read:

• Consumer Complaints in Airline Industry in India
• Consumer Reports Skin Care Products
• How Long Will Take to Resolve a Case in Consumer Court ?

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2021 In Review: Landmark judgments by the Supreme Court

Leading cases decided by the honourable Supreme Court in the year 2021 are going to be remembered as benchmark judgments in the evolution of consumer jurisprudence. Let us know here, what significance these hold.

Dr Prem Lata

Supreme Court (SC) is the final court of appeal in the country. As per Consumer Protection Act (CPA), cases reach the Court when judgements of the National Consumers Disputes Redressal Commission (NCDRC) come in to appeal by the losing party. The SC has worked very well in 2021 to adjudicate consumer disputes that came before it. It also took cognizance of some vital consumer issues which were affecting the consumer rights adversely by giving a just interpretation to the law to end consumer sufferings. 

To put this into perspective, let us recap a bit. Year 2019 was a table-turning year when Consumer Protection Act 1986 was repealed with the Act of 2019. This new law came into force in July 2020. Consequently, year 2021 was full of queries, debates and implementation of issues arising from repeal of old Consumer Protection Act. As per the Indian Constitution, SC judgements are to be followed by all courts of the country and their interpretation must be observed in adjudicating the cases at various levels by courts at all levels. Here are the top 10 cases in Consumer Law decided in 2021:

Ireo Grace Realtech Pvt. Ltd. Vs Abhishek Khanna & Others , Civil Appeal No. 5785 of 2019 (Supreme Court)

Bench -Dr Dhananjaya, Y Chandrachud, Indu Malhotra, Indira Banerjee

Decided on –January11, 2021

Ref. Pioneer Urban Land and Infrastructure Ltd Vs Govindan Raghavan

“We are of the view that the incorporation of such one-sided and unreasonable clauses in the Apartment Buyer’s Agreement constitutes an unfair trade practice under Section 2(1)(r) of the Consumer Protection Act. Developer cannot compel the apartment buyers to be bound by the one-sided contractual terms contained in the Apartment Buyer’s Agreement.”

  CASE 2

Narinder chopra v/s jaiprakash associates (nc).

Consumer Complaint No 3258 0f 2017 along with IA 330 of 2021&IA 1130 Of 2021

Decided On 16.5.2021

Law point:  

• Whether pending matters are to be transferred to appropriate commission after enhancement of pecuniary jurisdiction 
• There is no provision for transfer of pending cases in the new Act of 2019
• The transitional provisions contained in Sections 31, 45 and 56 expressly indicate that the adjudicatory personnel who were functioning as Members of the District Commission, SCDRC and NCDRC under the erstwhile legislation shall continue to hold office under the new legislation. 
• Previous decisions of the NCDRC which had interpreted after amendments 2002, that enhanced pecuniary jurisdiction, with prospective effect. Ref. Cases Southfield Paints and Chemicals Pvt. Ltd. v. New India Assurance Co. Ltd. & Premier Automobiles Ltd. v. Dr Manoj Ramachandran,   where the NCDRC held that the amendments enhancing the pecuniary jurisdiction are prospective in nature.

CASE 3 

M/s daddy’s builders pvt. ltd. & another vs manisha bhargava and anoth er .

(Petition for Special Leave to Appeal (Civil) No. 1240 of 2021)

Decided on February 11, 2021. Supreme Court of India

• Written statement by opposite party to complaint within 30 days or such extended period, not exceeding 15 days, should be read as mandatory
• Commencing point of limitation of 30 days, under the aforesaid provisions, would be from the date of receipt of notice accompanied by a copy of the complaint, and not merely receipt of the notice

  CASE 4 

Ireo grace realtech pvt. ltd. vs abhishek khanna & others civil appeal no. 5785 of 2019 (supreme court .

• Both the acts are equal and not conflicting or inconsistent to each other, give additional remedy to the consumers under Section 100 of CP Act 2019 & Section 88 of RERA Act 2019
• Section 79 of the RERA Act bars any civil proceedings in real estate matters but does not bar Consumer Commissions
• Section 71(1) of the RERA Act entitles a complainant to withdraw the proceedings under the CP Act with the permission of the Forum or Commission and file under RERA Act. 

CASE   5

Honda cars india limited vs sudesh berry civil appeal no.6802 of 2021 (arising out of slp (c) no.11986/2020) sc .

Decided on 12 November, 2021

• If there be any deficiency in service by the dealer or the authorised centre in rendering assistance for repairs of the vehicle, the manufacturer of the vehicle cannot be held liable. 

CASE 6  

TATA Motors Ltd Vs Antonio Paulo Vaz & Another, 2021 SCC Online SC 125  

SC held 

• Manufacturer and dealer have principal to principal relation and not of principal to agent. Manufacturer not held liable for the wrongs of dealer.                                                                 

CASE   7   Manohar Infrastructure and Constructions Private Ltd Vs Sanjeev Kumar Sharma & Ors. ; Citation: LL 2021 SC 714]

Decided on December 2021

• NC has discretionary power vested with it to impose any condition while giving stay and rightly ordered to pay entire amount as determined amount by State Commission
• This condition has to do nothing with mandatory requirement of depositing 50 per cent of determined amount by State Commission. 

CASE   8 

M/s sheth m l vaduwala eye hospital vs oriental insurance company limited and others sc judgment by j. dr dhananjaya y chandrachud, j. dt 11 dec 2021.

An insurance policy taken by doctors for professional indemnity can’t be used to make insurance companies pay the liability of compensation to patients on behalf of the hospital which is not insured. 

CASE 9. 

M/s. newtech promoters and developers pvt. ltd vs state of up & ors. , civil appeal no(s). 6753 of 2021 (arising out of slp(civil) no(s). 3426 of 2021), sc judgment dt 11 nov 2021 .

SC held  

• To ensure greater accountability towards consumers and in view of the objective of the act, ongoing projects are also brought under the provisions of the act hence retroactive application of RERA Act confirmed 
• Section 18 confers right upon an allottee to get refund of the amount deposited with the promoter with interest if the promoter fails to give possession by the date specific
• Single member of the authority under Section 81 of the Act authorised to order for refund and under Sec 40 can provide for collection of funds as revenue.

CASE   10 Union Bank Of India v/s Rajasthan Real Estate Regulatory 

High court of judicature for rajasthan bench at jaipur d.b. civil writ petition no. 13688/2021 bench: akil kureshi, uma shanker vyas , decided on 14.12.2021 .

H.C of Rajasthan held 

• That pursuant to taking possession of the project, the bank enters into the shoes of the promoter and becomes the assignee of the promoter and thus, amenable to jurisdiction of RERA.
• The RERA would prevail over ‘ SARFAESI Act ‘ 
• The rights of the real estate allottees cannot be compromised for the legal rights of Bank

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Everything You Need To Know About Consumer Protection In India And Beyond: Comprehensive Guide With Recent Developments In 2019 Act

Understanding the importance of consumer protection, consumer protection act 2019: a brief overview.

• Central Consumer Protection Authority (CCPA): The act establishes the CCPA at the national level, which plays a pivotal role in protecting consumer rights and interests. The CCPA has the authority to investigate, take action against unfair trade practices, and file complaints on behalf of consumers. This regulatory body ensures that businesses comply with consumer rights and maintain ethical business practices.  
• State Consumer Protection Councils: The act establishes State Consumer Protection Councils at the state level, which work in coordination with the CCPA to promote and protect consumer rights. These councils provide a platform for consumers to voice their concerns and grievances. They also play a crucial role in spreading consumer awareness and educating consumers about their rights and responsibilities.  
• Mediation as an Alternative Dispute Resolution: One significant development under the Consumer Protection Act of 2019 is the introduction of mediation as an alternative dispute resolution mechanism. Mediation aims to expedite the resolution of consumer disputes by providing a quicker, cost-effective, and accessible method. Consumers can seek mediation either before or during the proceedings of a consumer court case. It offers a platform for negotiation and settlement between consumers and businesses, reducing the burden on the judicial system.  
• E-commerce Regulations: The act recognizes the growing significance of e-commerce platforms and introduces specific provisions to regulate online transactions. E-commerce entities are now liable for any false or misleading advertisements, non-compliance with consumer rights, and unfair trade practices. This provision ensures that consumers are protected when engaging in online transactions. It is essential for consumers to be aware of their rights while making purchases online and to report any violations they encounter.  
• Product Liability: The act includes provisions related to product liability, holding manufacturers, sellers, and service providers accountable for any harm caused to consumers due to defective products or deficient services. This provision empowers consumers to seek compensation for any damages incurred as a result of harmful products or substandard services. It is crucial for consumers to be aware of their right to file a product liability claim and to ensure they receive the necessary support and compensation in such cases.  
• Consumer Awareness and Education: The act emphasizes the importance of consumer education and awareness. It encourages the government, consumer organizations, and businesses to undertake initiatives to educate consumers about their rights and responsibilities. Consumer awareness campaigns play a crucial role in empowering consumers to make informed decisions, protect themselves from unfair practices, and contribute to the creation of a fair marketplace.

Consumer Rights: What You Need to Know

• Right to Safety: As a consumer, you have the right to expect safe products and services. This means that businesses should ensure that the products they sell meet safety standards and do not pose any harm or risk to consumers. Likewise, service providers should offer safe and reliable services that do not put consumers in danger.  
• Right to Information: Consumers have the right to receive accurate and complete information about the products and services they intend to purchase. This includes clear information about the price, quality, quantity, ingredients, expiration dates, and any potential risks or side effects associated with the product or service. Businesses should provide transparent and truthful information to enable consumers to make informed decisions.  
• Right to Choose: Consumers have the right to choose freely among a variety of products and services offered in the market. Businesses should not engage in unfair trade practices, such as monopolies or price-fixing, that limit consumer choices. Competition in the market ensures that consumers have access to a wide range of options and can make choices based on their preferences and needs.  
• Right to Redress: When a consumer purchases a product or service that does not meet their expectations or is faulty, they have the right to seek redress. This includes the right to either a replacement, repair, refund, or compensation, depending on the circumstances. Businesses should have an effective grievance redressal mechanism in place to address consumer complaints and provide appropriate solutions.  
• Right to Consumer Education: Consumers have the right to be educated and informed about their rights and responsibilities. The government, consumer organizations, and businesses should undertake initiatives to educate consumers about their rights, provide guidance on making informed decisions, and raise awareness about fair trade practices. Consumer education empowers individuals to make wise choices, protect themselves from exploitation, and contribute to a fair and transparent marketplace.

How to Exercise Your Consumer Rights Effectively

• Stay Informed: Keep yourself updated on consumer laws and regulations in your country or region. This will help you understand your rights and the actions you can take if your rights are violated. Follow consumer protection agencies, read consumer rights publications, and stay informed about recent developments that may affect your rights.  
• Document Everything: Whenever you make a purchase or engage in a transaction, keep a record of all relevant documents, such as receipts, invoices, contracts, and warranties. These documents will serve as evidence in case you need to exercise your consumer rights. Make sure to keep them organized and easily accessible.  
• Seek Legal Advice: If your attempts to resolve the issue directly with the business are unsuccessful, consider seeking legal advice. Contact a consumer protection organization or consult with an attorney specializing in consumer rights. They can provide guidance on your rights, legal options, and the best course of action to take.  
• File a Complaint: If all else fails, file a formal complaint with the appropriate consumer protection authority or regulatory body. Provide them with all the relevant information and documentation related to your case. These authorities have the power to investigate and take action against businesses that violate consumer rights.

Seeking Redress: Consumer Grievance Redressal Mechanisms

• Consumer Helpline: Many countries have a dedicated consumer helpline where consumers can lodge complaints and seek advice. These helplines are operated by consumer protection authorities and are often toll-free. Consumers can call or email the helpline to report their grievances and receive guidance on the next steps to take.  
• Consumer Forums: Consumer forums, also known as consumer courts or consumer dispute redressal commissions, are judicial bodies that specifically handle consumer disputes. These forums provide an affordable and accessible means for consumers to seek redress. Depending on the severity and value of the complaint, there may be different levels of consumer forums, such as district, state, or national forums.  
• Ombudsman: Some industries have designated ombudsmen who handle consumer complaints within their respective sectors. Ombudsmen act as independent mediators and have the authority to investigate complaints and make binding decisions. Common industries with ombudsmen include banking, insurance, telecommunications, and utilities.  
• Alternative Dispute Resolution: Alternative dispute resolution methods, such as mediation and arbitration, offer consumers an alternative to traditional legal proceedings. These methods involve a neutral third party who helps facilitate a resolution between the consumer and the business. Mediation is a non-binding process, while arbitration results in a binding decision.  
• Online Consumer Complaint Portals: Many countries have online portals where consumers can submit their complaints against businesses. These portals allow consumers to provide details of their grievance, upload supporting documents, and track the progress of their complaint. It is important to check if your jurisdiction has an online consumer complaint portal and utilize it if available.  
• Class Action Lawsuits: In cases where a large number of consumers have been affected by the same issue, a class action lawsuit may be an option. This allows multiple consumers to collectively file a lawsuit against the business or entity responsible for the violation of their rights. Class action lawsuits can provide more leverage and resources to consumers.

Consumer Protection Beyond India: International Perspectives

• United States: The United States has a robust system of consumer protection laws and agencies. The Federal Trade Commission (FTC) is the primary federal enforcement agency, responsible for investigating and taking legal action against deceptive and unfair business practices. Additionally, each state has its own consumer protection laws and agencies.  
• European Union (EU): The EU has implemented comprehensive consumer protection measures through directives and regulations. The General Data Protection Regulation (GDPR), which came into effect in 2018, grants individuals greater control over their personal data and imposes strict obligations on businesses handling consumer data. The EU Consumer Rights Directive harmonizes consumer rights across member states, ensuring a high level of protection for consumers.  
• Australia: The Australian Consumer Law (ACL) is the primary legislation governing consumer protection in Australia. It prohibits unfair practices, provides remedies for consumers, and establishes regulatory bodies such as the Australian Competition and Consumer Commission (ACCC) to enforce the law. The ACL covers a broad range of consumer issues, including product safety, consumer guarantees, and unfair contract terms.  
• Canada: Consumer protection in Canada is primarily regulated at the provincial and territorial levels. Each province and territory has its own consumer protection laws and agencies, with the Competition Bureau serving as the federal enforcement agency. The laws aim to prevent deceptive marketing practices, promote fair business practices, and regulate specific sectors such as telecommunications and financial services.  
• United Kingdom: In the United Kingdom, consumer protection is governed by a combination of EU regulations and domestic legislation. The Consumer Rights Act 2015 provides a framework for consumer rights, including rights to goods and services, remedies for faulty products, and protection against unfair contract terms. The Competition and Markets Authority (CMA) enforces consumer protection laws and promotes competition in the marketplace.  
• International Organizations: Various international organizations work to promote and protect consumer interests globally. The United Nations Guidelines for Consumer Protection provide a framework for consumer protection policies. The Organisation for Economic Co-operation and Development (OECD) publishes guidelines and recommendations on consumer protection and promotes international cooperation in this area. Additionally, regional organizations such as the Association of Southeast Asian Nations (ASEAN) have established consumer protection frameworks.

Future Directions and Challenges in Consumer Protection

• E-commerce and Online Consumer Protection: With the rise of e-commerce, online shopping has become increasingly popular. However, it also presents unique challenges for consumer protection. Ensuring the security of online transactions, protecting personal information, and combating online fraud and scams are crucial areas of focus for future consumer protection efforts.  
• Data Privacy and Protection: In the digital age, data privacy has become a pressing concern. Consumers are increasingly aware of the value of their personal data and the need for its protection. Strengthening regulations and frameworks for data privacy, such as the implementation of the General Data Protection Regulation (GDPR) in the European Union, will be important for safeguarding consumer interests.  
• Emerging Technologies and Consumer Rights: As new technologies such as artificial intelligence, blockchain, and the Internet of Things continue to advance, consumer protection will need to keep pace. Ensuring that these technologies are used in a responsible and ethical manner, protecting consumers from potential risks and abuses, will be a key area of focus.
• International Cooperation: Consumer protection is a global concern, and international cooperation will play a crucial role in addressing cross-border issues. Harmonizing consumer protection laws and standards across countries, sharing information and best practices, and collaborating on enforcement efforts will be essential for effective consumer protection in the future.  
• Empowering Consumers: Empowering consumers to make informed choices and assert their rights is a fundamental aspect of consumer protection. Providing accessible information, education, and resources to consumers, as well as promoting consumer advocacy and awareness, will continue to be important strategies for protecting consumer interests.  
• Sustainable Consumption: With increasing awareness of environmental issues, sustainable consumption has gained prominence. Future consumer protection efforts may include promoting sustainable products and practices, ensuring accurate labeling and information regarding sustainability claims, and addressing issues such as greenwashing.  
• Digital Disruption and Market Concentration: The digital economy has led to significant market concentration and the dominance of a few major players in various sectors. Balancing the need for innovation and competition with consumer protection concerns, such as monopolistic behavior and unfair practices, will be a key challenge for future consumer protection regulators.

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Protection of Consumer Rights in E-Commerce in India

• First Online: 02 March 2021

Cite this chapter

• Richa Gupta 4  

Part of the book series: India Studies in Business and Economics ((ISBE))

172 Accesses

The e-commerce and consumer Internet industries in India registered phenomenal growth rates with their shares in retail, grocery delivery and food technology palpable enough even in tier II and III cities. However, the space ceded from traditional businesses to online commerce has policy implications for consumer trust and confidence—one of the foundations in a market economy. A legal solution to this problem is found in the concept and device of consumer rights so that factors such as information asymmetry, collusion between manufacturers and retailers, fraud, cheating and unfair trade practices do not disadvantage consumers vis-à-vis sellers or become a hindrance in the expansion of businesses. First, a brief overview of the architecture for the protection of consumer rights in e-commerce in India is provided. This includes the Consumer Protection Act 1986 and 2019. The second part of the article looks thoroughly at various consumer cases filed in the e-commerce category at district, state and national consumer forums in India to answer certain pertinent questions in this field which may benefit much from the attention of policymakers and researchers alike. This includes, first, what are some of the biggest consumer issues of concern and frequency in e-commerce in India? Second is the current three-tier framework of consumer courts, at the national, state and district levels, sufficient to address the growing volume of consumer complaints in this area? Third, do consumer courts have adequate capacity to deal with questions involving consumer interests in a field that requires technological knowledge apart from legal know-how? Last, alternatives and policy suggestions are given to strengthen consumer protection to ensure twin goals of swiftness and fairness of decisions on consumer complaints and cases in e-commerce in the country.

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Complaints against e-commerce companies top list at national consumer helpline . https://economictimes.indiatimes.com/news/politics-and-nation/complaints-against-e-commerce-companies-top-list-at-national-consumer-helpline/articleshow/58786034.cms (Accessed 19 April 2020).

NCH is a joint initiative of the Consumer Affairs Department and Indian Institute of Public Administration (IIPA), which receives about 3.5 lakh grievances annually. Since September 2016, the e-commerce sector tops in consumer complaints. https://economictimes.indiatimes.com/news/politics-and-nation/complaints-against-e-commerce-companies-top-list-at-national-consumer-helpline/articleshow/58786034.cms (Accessed 19 April 2020).

45% annual growth over the financial year 2017–2020 as per a report by domestic brokerage firm Kotak Institutional equities . https://www.business-standard.com/article/economy-policy/indian-e-commerce-market-could-reach-28-bn-by-fy2020-report-116090900611_1.html (Accessed 13 July 2017).

Complaints against e-commerce companies top list at national consumer helpline . https://economictimes.indiatimes.com/news/politics-and-nation/complaints-against-e-commerce-companies-top-list-at-national-consumer-helpline/articleshow/58786034.cms (Accessed 12 July 2017).

Consumer Protection Act, 2019 (No. 35 of 2019). It came into force on 20 July 2020 and replaced the Consumer Protection Act, 1986 by way of repealment.

The Consumer Protection (General) Rules, 2020; The Consumer Protection (Central Consumer Protection Council) Rules, 2020; The Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020; The Consumer Protection (Mediation) Rules, 2020; The Consumer Protection (Salary, allowances and conditions of service of President and Members of the State Commission and District Commission) Model Rules, 2020; The Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Rules, 2020; and lastly The Consumer Protection (E-Commerce) Rules, 2020. Most important are Consumer Protection (General) Rules, 2020 and Consumer Protection (E-Commerce) Rules, 2020. All except the last rule came into force on 20 July 2020 and the E-commerce Commerce Consumer Rules became enforced from 23 July 2020.

Protection against unfair contracts . https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1657006 (Accessed 29 December 2020).

The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

Bill No. 373 of 2019.

The Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce and Industry is working upon a second draft of the National e-commerce Policy. The first draft of the National e-Commerce Policy which came out on 23 February 2019 invited much attention domestically as well as globally due to ‘data localisation’ norms.

Govt: E-commerce policy in ‘final stages’ of drafting; retail trade policy to benefit 65 m small traders . https://www.financialexpress.com/industry/sme/govt-e-commerce-policy-in-final-stages-of-drafting-retail-trade-policy-to-benefit-65m-small-traders/2115990/ (Accessed 29 December 2020).

Flipkart , Amazon off the hook: No e-commerce policy for now, govt plans a set of tightened rules . https://factordaily.com/amazon-flipkart-off-the-hook-no-ecommerce-policy-for-now/ (Accessed 17 July 2018).

There are two business models of e-commerce: ‘Market Place’ model and ‘Inventory-Based’ model. Discussion Paper on E-commerce in India (2013–14) also discusses the same. https://dipp.gov.in/sites/default/files/Discussion_paper_ecommerce_07012014%20%20%2013.pdf (Accessed 17 July 2017).

Foreign Direct Investment (FDI) on E-commerce. Press Note No 3 (2016), Department of Industrial Policy and Promotion. https://dipp.gov.in/sites/default/files/pn3_2016_0.pdf (Accessed 17 July 2017).

Draft e-Commerce Policy . https://pib.gov.in/Pressreleaseshare.aspx?PRID=1575760 (Accessed 29 December 2020), E-Commerce Business Model https://pib.gov.in/PressReleasePage.aspx?PRID=1595850 (Accessed 30 December 2020).

Consolidated FDI Policy circular, pages 49–50. https://dipp.gov.in/sites/default/files/FDI-PolicyCircular-2020-29October2020_0.pdf (Accessed 30 December 2020).

Who Owns Cloudtail India and Appario Retail, Amazon’s Largest Sellers? https://odishabytes.com/who-owns-cloudtail-india-appario-retail-amazons-largest-sellers/ (Accessed 27 December 2020).

Review of policy on Foreign Direct Investment (FDI) in e-commerce. https://pib.gov.in/PressReleasePage.aspx?PRID=1557380#:~:text=Such%20an%20ownership%20or%20control,entity%20or%20its%20group%20companies (Accessed 30 December 2020).

Committee to Review E -Commerce Rules consisting of representatives from Department of Industrial Policy and Promotion, Department of Economic Affairs, Department of Electronics and Information Technology, Department of Consumer Affairs and certain State Governments, namely Assam, Karnataka, Madhya Pradesh, Maharashtra, Odisha and Punjab.

Govt Sets Up A Panel Of Secretaries To Look Into Draft Ecommerce Policy . https://inc42.com/buzz/govt-sets-up-a-panel-of-secretaries-to-look-into-draft-ecommerce-policy/ (Accessed 17 July 2018).

Draft e-commerce policy : DPIIT to work on inter-ministerial inputs . https://www.thehindubusinessline.com/economy/policy/draft-e-commerce-policy-dpiit-to-work-on-inter-ministerial-inputs/article32498194.ece (Accessed December 2020).

For instance, the CCI in 2018 ruled that Flipkart and Amazon did not enjoy a ‘dominant position’ in the online marketplace and were not in contravention of Section 4 of the Act. https://economictimes.indiatimes.com/small-biz/startups/newsbuzz/flipkart-amazon-not-dominant-hence-not-in-contravention-of-competition-act-cci/articleshow/66534244.cms?from=mdr (Accessed 24 March 2020). However, the CCI ordered an investigation against unfair trade practices of Amazon and Flipkart in 2020 under Section 26 of Act, which was stayed by the Karnataka High Court and counter petitions have been filed by both parties as of February 2020. https://economictimes.indiatimes.com/small-biz/startups/newsbuzz/ktaka-hc-stays-cci-probe-order-against-amazon-flipkart/articleshow/74135156.cms?from=mdr (Accessed 24 March 2020).

E-pharmacies may be regulated by December 2018. https://www.livemint.com/Politics/psEfbkQxDphWg4F9cBtaiO/Epharmacies-may-be-regulated-by-Dec.html (Accessed 17 July 2018).

CC/1300/2015. https://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=8%2F7%2FCC%2F1300%2F2015&dtofhearing=2015-12-04 (Accessed 20 April 2020).

CC/305/2017.

Jyoti Bhandari versus Resonance Education for Better Tomorrow CC/539/2017. “Order Not Updated or not Finalized”.

K. M. Pooja versus Indraprastha Institute for Higher Education and Others. CC/457/2017.

Nitesh Gupta versus OPJS University. CC/485/2017. “Order Not Updated or not Finalized”.

Raghav Ahuja versus Chandra Prabhu Jain College. CC/453/2017. Next hearing slated for 13 January 2021.

While the cases against Resonance Education and OPJS University have been disposed of, judgement order is unfortunately not available in the database.

Deepak Tyagi & 14 Ors. versus Shree Chhatrapati Shivaji Education Society & ANR. Case No. CC/2238/2018, NCDRC. Case disposed on 20 January 2020.

Smita Bhatia versus Spice Retail Ltd. CC/293/2017 and Ankit Rana versus Spice Retail Ltd. (Authorised Service Center) CC/302/2017. Both cases disposed of but final judgement of latter not available in the database.

Huge stake in the e-commerce arm of the company, viz., Spice Online Pvt. Ltd. was acquired by a Chinese company, which seems congruent with the idea that Chinese companies are far ahead in acquiring cutting-edge technology start-ups in Israel or profitable commercial start-ups in India.

Confonet database lists cases against e-commerce entities at district, state and national consumer fora.

Electronics Shoppe (Naveen Electronics), Spice Retail Ltd., IFB Industries Ltd. (manufacturer of engineering goods and domestic appliances), Toshiba India Pvt. Ltd. & ANR. Akshal Electronics, Anugrah Electronics & Appliances, Satyam Electronics (Dealer), Saragam India Electronics Pvt. Ltd., O General Air Conditioner, Plaza Telecom (mobile phone dealer), Hariom Retail Pvt. Ltd., Prakash Refrigeration and Electrical, Guru Kripa Enterprises Apps Daily, Max HD World, LG Electronics India Pvt. Ltd., Air Chill Electronics, M/S Juneja Electricals & ORS., Akshal Electronics, Samsung India Electronics Pvt. Ltd., Videocon Industries Ltd., Croma, Vardhaman Electronics & ANR. and Godrej Service Centre.

M/S. S. Kumars Online Ltd., And … versus C. Ravi Kumar Medak , Andhra Pradesh, SCDRC F.A. 1743/2005.

General Manager, Madras Telephones & Ors. versus R. Kannan (1994), Prof. P. Narayanankutty versus Uptron India Ltd. & Ors., I (1996).

Mysore Sales International Ltd. versus M.N. Misra, II (1996).

Amazon Seller Services Private Limited (ASSPL) versus Dulal Ray Karmakar and Ors. , Tripura SCDRC, III(2016)CPJ6 (Trip.).

Amazon Seller Services Private Limited versus Gopal Krishan and Ors , Chandigarh SCDRC MANU/SF/0038/2017 (or First Appeal No. A/27/2017).

That is Amazon.in; ASSPL is Amazon Seller Services Private Limited.

Worth Rs. 9998, similar to the last case which was around Rs. 10,000.

It is to be noted that despite case number (A/27/2017), specific names of all respondents and, most importantly, all OPs are not available in the database of Chandigarh Forum after search on Confonet as on 17 September 2017. But from a reading of the judgement, it appears that OP No. 1 is a Customer Care Executive of Xiaomi Company; OP No. 2 is the owner of the premises from which the mobile was to be collected, again related to Xiaomi; it is not clear who is OP No. 3, OP No. 4 and OP No. 5; OP No. 6 is ASSPL.

He did not get the mobile repaired or get any response from Amazon from where he purchased the set.

Where it even reproduced a portion from an affidavit filed by the Deputy Manager (Legal) HCL Services Ltd. to highlight the same.

“…he lost faith in OPs and filed a consumer complaint. The service rendered was absolutely poor and pathetic”.

“The inordinate delay on the part of the OPs in repairing of the telephone tantamount to a deficiency in service on their part. The complainant has been deprived of the service of his mobile handset for which he has already paid. The OPs cannot be permitted to hold the complainant at ransom by their callous attitude in attending the problem of the consumer. It is further found that the motherboard, which is the backbone of the mobile handset in question, has been replaced by the OPs after finding it defective. Under these circumstances, it proves beyond doubt that the mobile handset, which the complainant had purchased, was having a manufacturing defect on the date of its purchase.”

“An agent, who sells a product, is duty-bound to ensure its quality, and if the product is found defective, the agent shall be vicariously liable for the loss caused to the purchaser, along with the manufacturer of the product”. It was so held by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi, in the case titled as Emerging India Real Assets Pvt. Ltd. & Anr. versus Kamer Chand & Anr. Revision Petition No. 765 of 2016 decided on 30.3.2016.

2015 SCC Online NCDRC 950.

Value payable system by India Post is designed to meet the requirements of persons who wish to pay for articles sent to them at the time of receipt of the articles and for those traders and others who wish to recover the value of article supplied by them through the agency of the Post Office, akin to a cash-on-delivery service.

By tampering with packets and misappropriating them.

2015, SCC Online NCDRC 950.

This is the only case shown under the ‘e-commerce’ category type case under NCDRC as of 17 July 2017. Paras Jain versus Amazon Seller Services Pvt. Ltd. CC/930/2017.

https://barandbench.com/amazon-ncdrc-easy-return/ (Accessed 18 April 2020).

IRDA, TRIA, SEBI, RBI and MCI. Consumer Education Monograph Series-2 Misleading Advertisements and Consumer Centre for Consumer Studies, IIPA. https://consumeraffairs.nic.in/WriteReadData/userfiles/file/misleading_advertiesment_and_consumer%20(1).pdf (Accessed September 15, 2018) and https://consumeraffairs.nic.in/sites/default/files/file-uploads/misleading-advertisements/misleading_advertiesment_and_consumer%20%281%29_0.pdf (Accessed 18 April 2020).

Drugs and Magic Remedies (Objectionable Advertisements) Act; Cable Television Network Regulation Act and Rules; Food Safety and Standards Act, 2006; Drugs and Cosmetics Act, 1940; Bureau of Indian Standards Act, 1986; Infant Milk Substitute, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 and Infant Milk Substitute, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 2002; and Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.

‘Class Action Suits’ under CPA can be filed for the benefit of all the consumers, as per the judgement of NCDRC in Ambrish Kumar Shukla & 21 others versus Ferrous Infrastructure Private Ltd. 2016. https://www.livelaw.in/class-action-suits-under-consumer-protection-act-can-be-filed-for-the-benefit-of-all-the-consumers-ncdrc-fb/ (Accessed 19 July 2017).

Anticompetitive Agreements.

https://www.cci.gov.in/sites/default/files/172014.pdf (Accessed 15 April 2020).

Through Mr. Kunal Bahl, CEO as OP No. 1, Snapdeal.

Through Mr. Rajesh Gupta, Country Manager, Gurgaon as OP No. 2, SanDisk.

Which includes pen drives, SD cards, etc. of various brands, one of which is the OP No. 2, SanDisk.

2016 SCC OnLine CCI 42.

Whose subsidiary is Freecharge, a popular recharge site.

As per the CCI, the issues raised were as follows: items delivered by OPs were either pirated or defective or of low quality; non-delivery of the product(s) despite successful online payment; some of the bills received by the informant were fake VAT invoices; the informant received different items than what he ordered for and sellers had charged higher price.

For example, the informant argues how Flipkart had the exclusive rights to sell the book Half Girlfriend online.

Competition Commission of India Case No. 80 of 2014, page no. 8 from https://www.cci.gov.in/sites/default/files/802014.pdf (Accessed 15 September 2019).

Mallika Verma versus Union of India (2015); Gaurav Chaudhary versus Blue Dart Express Limited (2016) .

Bibliography

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Gupta, R. (2020). Protection of Consumer Rights in E-Commerce in India. In: Das, K., Mishra, B.S.P., Das, M. (eds) The Digitalization Conundrum in India. India Studies in Business and Economics. Springer, Singapore. https://doi.org/10.1007/978-981-15-6907-4_9

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E-Commerce and Consumer Protection in India: The Emerging Trend

Neelam chawla.

1 Vivekananda Institute of Professional Studies, Guru Govind Singh Indraprastha University, New Delhi, 110027 India

Basanta Kumar

2 Academic, Research and Legal Consultant, C-202/Satyam Tower, Bomikhal, Bhubaneswar, 751010 India

Given the rapid growth and emerging trend of e-commerce have changed consumer preferences to buy online, this study analyzes the current Indian legal framework that protects online consumers ’  interests. A thorough analysis of the two newly enacted laws, i.e., the Consumer Protection Act, 2019 and Consumer Protection (E-commerce) Rules, 2020 and literature review support analysis of 290 online consumers answering the research questions and achieving research objectives. The significant findings are that a secure and reliable system is essential for e-business firms to work successfully; cash on delivery is the priority option for online shopping; website information and effective customer care services build a customer's trust. The new regulations are arguably strong enough to protect and safeguard online consumers' rights and boost India’s e-commerce growth. Besides factors such as s ecurity, privacy, warranty, customer service, and website information, laws governing  consumer rights protection in e-commerce influence customers’ trust. Growing e-commerce looks promising with a robust legal framework and consumer protection measures. The findings contribute to the body of knowledge on e-commerce and consumer rights protection by elucidating the key factors that affect customer trust and loyalty and offering an informative perspective on e-consumer protection in the Indian context with broader implications.

Study Background

The study context, which discusses two key aspects, namely the rationale for consumer protection in e-commerce and its growth, is presented hereunder:

The Rationale for Consumer Protection in E-commerce

Consumer protection is a burning issue in e-commerce throughout the globe. E-Commerce refers to a mechanism that mediates transactions to sell goods and services through electronic exchange. E-commerce increases productivity and widens choice through cost savings, competitiveness and a better production process organisation 1 (Vancauteren et al., 2011 ). According to the guidelines-1999 of the Organisation for Economic Cooperation and Development (OECD), e-commerce is online business activities-both communications, including advertising and marketing, and transactions comprising ordering, invoicing and payments (OECD, 2000 ). OCED-1999 guidelines recognised, among others, three essential dimensions of consumer protection in e-commerce. All consumers need to have access to e-commerce. Second, to build consumer trust/confidence in e-commerce, the continued development of transparent and effective consumer protection mechanisms is required to check fraudulent, misleading, and unfair practices online. Third, all stakeholders-government, businesses, consumers, and their representatives- must pay close attention to creating effective redress systems. These guidelines are primarily for cross-border transactions (OECD, 2000 ).

Considering the technological advances, internet penetration, massive use of smartphones and social media penetration led e-commerce growth, the OECD revised its 1999 recommendations for consumer protection in 2016. The 2016-guidelines aim to address the growing challenges of e-consumers’ protection by stimulating innovation and competition, including non-monetary transactions, digital content products, consumers-to-consumers (C2C) transactions, mobile devices, privacy and security risks, payment protection and product safety. Furthermore, it emphasises the importance of consumer protection authorities in ensuring their ability to protect e-commerce consumers and cooperate in cross-border matters (OECD, 2016 ). The United Nations Conference on Trade and Development (UNCTAD), in its notes-2017, also recognises similar consumer protection challenges in e-commerce. The notes look into policy measures covering relevant laws and their enforcement, consumer education, fair business practices and international cooperation to build consumer trust (UNCTAD, 2017 ).

E-commerce takes either the domestic (intra-border) route or cross-border (International) transactions. Invariably, six e-commerce models, i.e. Business-to-Consumer (B2C), Business-to-Business (B2B), Consumer-to-Business (C2B), Consumer-to-Consumer (C2C), Business-to-Administration (B2A) and Consumer-to-Administration (C2A) operate across countries (UNESAP and ADB, 2019 ; Kumar & Chandrasekar, 2016 ). Irrespective of the model, the consumer is the King in the marketplace and needs to protect his interest. However, the focus of this paper is the major e-commerce activities covering B2B and B2C.

The OECD and UNCTAD are two global consumer protection agencies that promote healthy and competitive international trade. Founded in 1960, Consumer International 2 (CI) is a group of around 250 consumer organisations in over 100 countries representing and defending consumer rights in international policy forums and the global marketplace. The other leading international agencies promoting healthy competition in national and international trade are European Consumer Cooperation Network, ECC-Net (European Consumer Center Network), APEC Electronic Consumer Directing Group (APECSG), Iberoamerikanische Forum der Konsumer Protection Agenturen (FIAGC), International Consumer Protection and Enforcement Agencies (Durovic, 2020 ).

ICPEN, in the new form, started functioning in 2002 and is now a global membership organisation of consumer protection authorities from 64 countries, including India joining in 2019 and six observing authorities (COMESA, EU, GPEN, FIAGC, OECD and UNCTAD). While it addresses coordination and cooperation on consumer protection enforcement issues, disseminates information on consumer protection trends and shares best practices on consumer protection laws, it does not regulate financial services or product safety. Through econsumer.gov 3 enduring initiative, ICPEN, in association with the Federal Trade Commission (FTC), redresses international online fraud. 4 Econsumer.gov, a collaboration of consumer protection agencies from 41 countries around the world, investigates the following types of international online fraud:

• Online shopping/internet services/computer equipment
• Credit and debit
• Telemarketing & spam
• Jobs & making money
• Imposters scam: family, friend, government, business or romance
• Lottery or sweepstake or prize scams
• Travel & vacations
• Phones/mobile devices & phone services
• Something else

Online criminals target personal and financial information. Online trading issues involve scammers targeting customers who buy/sell/trade online. Table ​ Table1 1 on online cross-border complaints of fraud reported by econsumer.gov reveals that international scams are rising. Total cross-border fraud during 2020 (till 30 June) was 33,968 with a reported loss of US$91.95 million as against 40,432 cases with a loss of US$ 151.3 million and 14,797 complaints with the loss of US$40.83 million 5 years back. Among others, these complaints included online shopping fraud, misrepresented products, products that did not arrive, and refund issues. Figure  1 shows that the United States ranked first among the ten countries where consumers lodged online fraud complaints based on consumer and business locations. India was the third country next to France for online fraud reporting in consumer locations, while it was the fifth nation for company location-based reporting. Besides the USA and India, Poland, Australia, the United Kingdom, Canada, Turkey, Spain, and Mexico reported many consumer complaints. Companies in China, the United Kingdom, France, Hong Kong, Spain, Canada, Poland and Turkey received the most complaints. The trend is a serious global concern, with a magnitude of reported loss of above 60%.

International online fraud

Source: Data compiled from https://public.tableau.com/profile/federal.trade.commission#!/vizhome/eConsumer/Infographic and https://www.statista.com/outlook/243/100/ecommerce/worldwide , Accessed 17 October 2020

Online shopping-top consumer locations and company locations.

Source: Data compiled from https://public.tableau.com/profile/federal.trade.commission#!/vizhome/eConsumer/Infographic , Accessed 7 October 2020

The international scenario and views on consumer protection in e-commerce provide impetus to discuss consumer protection in e-business in a regional context-India. The reason for this is that India has become a leading country for online consumer fraud, putting a spotlight on electronic governance systems-which may have an impact on India's ease of doing business ranking. However, to check fraud and ensure consumer protection in e-commerce, the government has replaced the earlier Consumer Protection Act, 1986, with the new Act-2019 and E-Commerce Rule-2020 is in place now.

E-commerce Growth

E-commerce has been booming since the advent of the worldwide web (internet) in 1991, but its root is traced back to the Berlin Blockade for ordering and airlifting goods via telex between 24 June 1948 and 12 May 1949. Since then, new technological developments, improvements in internet connectivity, and widespread consumer and business adoption, e-commerce has helped countless companies grow. The first e-commerce transaction took place with the Boston Computer Exchange that launched its first e-commerce platform way back in 1982 (Azamat et al., 2011 ; Boateng et al., 2008 ). E-commerce growth potential is directly associated with internet penetration (Nielsen, 2018 ). The increase in the worldwide use of mobile devices/smartphones has primarily led to the growth of e-commerce. With mobile devices, individuals are more versatile and passive in buying and selling over the internet (Harrisson et al., 2017 ; Išoraitė & Miniotienė, 2018 ; Milan et al., ( 2020 ); Nielsen, 2018 ; Singh, 2019 ; UNCTAD, 2019a , 2019b ). The growth of the millennial digital-savvy workforce, mobile ubiquity and continuous optimisation of e-commerce technology is pressing the hand and speed of the historically slow-moving B2B market. The nearly US$1 Billion B2B e-commerce industry is about to hit the perfect storm that is driving the growth of B2C businesses (Harrisson et al., 2017 ). Now, e-commerce has reshaped the global retail market (Nielsen, 2019 ). The observation is that e-commerce is vibrant and an ever-expanding business model; its future is even more competitive than ever, with the increasing purchasing power of global buyers, the proliferation of social media users, and the increasingly advancing infrastructure and technology (McKinsey Global Institute, 2019 ; UNCTAD, 2019a , 2019b ).

The analysis of the growth trend in e-commerce, especially since 2015, explains that online consumers continue to place a premium on both flexibility and scope of shopping online. With the convenience of buying and returning items locally, online retailers will increase their footprint (Harrisson et al., 2017 ). Today, e-commerce is growing across countries with a compound annual growth rate (CAGR) of 15% between 2014 and 2020; it is likely to grow at 25% between 2020 and 2025. Further analysis of e-commerce business reveals that internet penetration will be nearly 60% of the population in 2020, and Smartphone penetration has reached almost 42%. Among the users, 31% are in the age group of 25–34 years old, followed by 24% among the 35–44 years bracket and 22% in 18–24 years. Such a vast infrastructure and networking have ensured over 70% of the global e-commerce activities in the Asia–Pacific region. While China alone accounts for US$740 billion, the USA accounts for over US$$560 billion (Kerick, 2019 ). A review of global shoppers making online purchases (Fig.  2 ) shows that consumers look beyond their borders-cross-border purchases in all regions. While 90% of consumers visited an online retail site by July 2020, 74% purchased a product online, and 52% used a mobile device.

Global e-commerce activities and overseas online purchase.

Source: Data compiled from https://datareportal.com/global-dig ital-overview#: ~ :text = There%20are%205.15%20billion%20unique,of%202.4%20percent%20per%20 year and , Accessed 12 October 2020

The e-commerce uprising in Asia and the Pacific presents vast economic potential. The region holds the largest share of the B2C e-commerce market (UNCTAD, 2017 ). The size of e-commerce relative to the gross domestic product was 4.5% in the region by 2015. E-commerce enables small and medium-sized enterprises to reach global markets and compete on an international scale. It has improved economic efficiency and created many new jobs in developing economies and least developed countries, offering them a chance to narrow development gaps and increase inclusiveness—whether demographic, economic, geographic, cultural, or linguistic. It also helps narrow the rural–urban divide.

Nevertheless, Asia’s e-commerce market remains highly heterogeneous. In terms of e-commerce readiness—based on the UNCTAD e-commerce index 2017, the Republic of Korea ranks fifth globally (score 95.5) while Afghanistan, with 17 points, ranks 132 (UNCTAD, 2017 ). According to a joint study (2018) by the United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP) and Asian Development Bank (ADB), Asia is the fastest-growing region in the global e-commerce marketplace. The region accounted for the largest share of the world’s business-to-consumer e-commerce market (UNESCAP and ADB, 2019). World Retail Congress (2019) brought out the Global E-Commerce Market Ranking 2019 assessing the top 30 ranking e-commerce markets on various parameters-USA, UK, China, Japan and Germany were the first top countries. India figured at 15 with a CAGR of 19.8% between 2018 and 2022. The report suggests that companies need to enhance every aspect of online buying, focusing on localised payment mode and duty-free return. 5 The observation of this trend implies online consumers’ safety and security.

Figure  3 explains that global cross-border e-commerce (B2C) shopping is growing significantly and is estimated to cross US$1 Trillion in 2020. Adobe Digital Economic Index Survey-2020 6 in March 2020 reported that a remarkable fact to note is about steadily accelerated growth in global e-commerce because of COVID-19. While virus protection-related goods increased by 807%, toilet paper spiked by 231%. Online consumers worldwide prefer the eWallet payment system. The survey also revealed an exciting constellation that COVID-19 is further pushing overall online inflation down.

Global cross-border e-commerce (B2C) market. *Estimated to cross US$ 1 Trillion in 2020.

Source: Authors’ compilation from https://www.invespcro.com/blog/cross-border-shopping/ , Accessed on 15 October 2020

According to UNCTD’s B2C E-Commerce Index 2019 survey measuring an economy’s preparedness to support online shopping, India ranks 73rd with 57 index values, seven times better than the 80th rank index report 2018 (UNCTAD, 2019a , 2019b ). The E-commerce industry has emerged as a front-runner in the Indian economy with an internet penetration rate of about 50% now, nearly 37% of smartphone internet users, launching the 4G network, internet content in the local language, and increasing consumer wealth. Massive infrastructure and policy support propelled the e-commerce industry to reach US$ 64 billion in 2020, up by 39% from 2017 and will touch US$ 200 by 2026 with a CAGR of 21%. 7 Now, India envisions a five trillion dollar economy 8 by 2024. It would be difficult with the present growth rate, but not impossible, pushing for robust e-governance and a digitally empowered society. The proliferation of smartphones, growing internet access and booming digital payments and policy reforms are accelerating the growth of the e-commerce sector vis-a-vis the economy.

Analysis of different studies on the growth of e-commerce in India shows that while retail spending has grown by a CAGR of 22.52% during 2015–2020, online buyers have climbed by a CAGR of 35.44% during the same period (Fig.  4 ). The government’s Digital India drive beginning 1 July 2015-surge using mobile wallets like Paytm, Ola Money, Mobiwik, BHIM etc., and the declaration of demonetisation on 9 November 2016 appears to be the prime reasons for such a vast growth in the country’s e-commerce industry. The Times of India (2020 October 12), a daily leading Indian newspaper, reported that India's increase in digital payments was at a CAGR of 55.1% from March 2016 to March 2020, jumping from US$ 73,90 million to 470.40, reflecting the country's positive policy environment and preparedness for the digital economy. The government's policy objective is to promote a safe, secure, sound and efficient payment system; hence, the Reserve Bank of India (RBI), the national financial and fiscal regulating authority, attempts to ensure security and increase customer trust in digital payments (RBI, 2020 ).

E-Commerce growth in India during 2015–2020.

Source: Data compiled from https://www.ibef.org/news/vision-of-a-new-india-US$-5-trillion-economy , http://www.ficci.in/ficci-in-news-page.asp?nid=19630 , https://www.pwc.in/research-insights/2018/propelling-india-towards-global-leadership-in-e-commerce.html , https://www.forrester.com/data/forecastview/reports# , Accessed 12 October 2020

The massive growth of e-commerce in countries worldwide, especially in India, has prompted an examination of the legal structure regulating online consumer protection.

Literature Review and Research Gap

Theoretical framework.

Generally speaking, customers, as treated inferior to their contracting partners, need protection (Daniel, 2005 ). Therefore, due to low bargaining power, it is agreed that their interests need to be secured. The ‘inequality of negotiating power’ theory emphasises the consumer's economically weaker status than suppliers (Haupt, 2003 ; Liyang, 2019 ; Porter, 1979 ). The ‘inequality in bargaining power’ principle emphasises the customer's economically inferior position to suppliers (Haupt, 2003 ). The ‘exploitation theory’ also supports a similar view to the ‘weaker party’ argument. According to this theory, for two reasons, consumers need protection: first, consumers have little choice but to buy and contract on the terms set by increasingly large and powerful businesses; second, companies can manipulate significant discrepancies in knowledge and complexity in their favour (Cockshott & Dieterich, 2011 ). However, a researcher such as Ruhl ( 2011 ) believed that this conventional theoretical claim about defining the customer as the weaker party is no longer valid in modern times. The logic was that the exploitation theory did not take into account competition between firms. Through competition from other businesses, any negotiating power that companies have vis-a-vis clients is minimal. The study, therefore, considers that the ‘economic theory’ is the suitable theoretical rationale for consumer protection today.

The principle of ‘economic philosophy’ focuses primarily on promoting economic productivity and preserving wealth as a benefit (Siciliani et al., 2019 ). As such, the contract law had to change a great deal to deal with modern-age consumer transactions where there is no delay between agreement and outcomes (McCoubrey  & White, 1999 ). Thus, the ‘economic theory’ justifies the flow of goods and services through electronic transactions since online markets' versatility and rewards are greater than those of face-to-face transactions. The further argument suggests that a robust consumer protection framework can provide an impetus for the growth of reliability and trust in electronic commerce. The ‘incentive theory’ works based on that argument to describe consumer protection in electronic transactions (McCoubrey & White, 1999 ).

Online shopping needs greater trust than purchasing offline (Nielsen, 2018 ). From the viewpoint of ‘behavioural economics, trust (faith/confidence) has long been considered a trigger for buyer–seller transactions that can provide high standards of fulfilling trade relationships for customers (Pavlou, 2003 ). Pavlou ( 2003 ) supports the logical reasoning of Lee and Turban ( 2001 ) that the role of trust is of fundamental importance in adequately capturing e-commerce customer behaviour. The study by O'Hara ( 2005 ) also suggests a relationship between law and trust (belief/faith), referred to as ‘safety net evaluation’, suggesting that law may play a role in building trust between two parties. However, with cross-border transactions, the constraint of establishing adequate online trust increases, especially if one of the parties to the transaction comes from another jurisdiction with a high incidence of counterfeits or a weak rule of law (Loannis et al., 2019 ). Thus, the law promotes the parties' ability to enter into a contractual obligation to the extent that it works to reduce a contractual relationship's insecurity. The present research uses the idea of trust (faith/belief/confidence) as another theoretical context in line with ‘behavioural economics’.

As a focal point in e-commerce, trust refers to a party's ability to be vulnerable to another party's actions; the trustor, with its involvement in networking, sees trust in the form of risk-taking activity (Mayer et al., 1995 ; Helge et al.,  2020 ). Lack of confidence could result in weak contracts, expensive legal protections, sales loss and business failure. Therefore, trust plays a crucial role in serving customers transcend the perceived risk of doing business online and in helping them become susceptible, actual or imaginary, to those inherent e-business risks. While mutual benefit is usually the reason behind a dealing/transaction, trust is the insurance or chance that the customer can receive that profit (Cazier, 2007 ). The level of trust can be low or high. Low risk-taking behaviour leads to lower trustor engagement, whereas high risk-taking participation leads to higher trustor engagement (Helge et al.,  2020 ). The theory of trust propounded by (Mayer et al., 1995 ) suggests that trust formation depends on three components, viz. ability, benevolence, and integrity (ABI model). From the analysis of the previous studies (Mayer et al., 1995 ; Cazier, 2007 ; Helge et al.,  2020 ), the following dimensions of the ABI model emerge:

Precisely, ability, benevolence and integrity have a direct influence on the trust of e-commerce customers.

Gaining the trust of consumers and developing a relationship has become more challenging for e-businesses. The primary reasons are weak online security, lack of effectiveness of the electronic payment system, lack of effective marketing program, delay in delivery, low quality of goods and services, and ineffective return policy (Kamari  & Kamari, 2012 ; Mangiaracina & Perego, 2009 ). These weaknesses adversely impact business operations profoundly later. Among the challenges that are the reasons for the distrust of customers and downsides of e-commerce is that the online payment mechanism is widely insecure. The lack of trust in electronic payment is the one that impacts negatively on the e-commerce industry, and this issue is still prevalent (Mangiaracina  & Perego, 2009 ). The revelation of a recent study (Orendorff, 2019 ) and survey results 9 on trust-building, particularly about the method of payment, preferred language and data protection, is fascinating. The mode of payment is another matter of trust-building. Today’s customers wish to shop in their local currency seamlessly. In an online shoppers’ survey of 30,000 respondents in 2019, about 92% of customers preferred to purchase in their local currency, and 33% abandoned a buy if pricing was listed in US$ only (Orendorff, 2019 ). Airbnb, an online accommodation booking e-business that began operations in 2009, has expanded and spread its wings globally as of September 2020-over 220 countries and 100 k + cities serving 7 + billion customers (guests) with local currency payment options. 10

Common Sense Advisory Survey 11 -Nov. 2019-Feb. 2020 with 8709 online shoppers (B2C) in 29 countries, reported that 75% of them preferred to purchase products if the information was in their native language. About 60% confirmed that they rarely/never bought from an English-only website because they can’t read. Similarly, its survey of 956 business people (B2B) moved in a similar direction. Whether it is B2B or B2C customers, they wanted to go beyond Google translator-this is about language being a front-line issue making or breaking global sales. Leading Indian e-commerce companies like Amazon 12 and Flipkart 13 have started capturing the subsequent 100 million users by providing text and voice-based consumer support in vernacular languages. These observations suggest trust in information that the customers can rely upon for a successful transaction.

Data protection is probably the most severe risk of e-commerce. The marketplaces witness so many violations that it often seems that everyone gets hacked, which makes it a real challenge to guarantee that your store is safe and secure. For e-commerce firms, preserving the data is a considerable expense; it points a finger to maintaining the safety and security of the e-commerce consumers’ data privacy in compliance with General Data Protection Regulations (GDPR) across countries. 14

PwC’s Global Consumer Insight Survey 2020 reports that while customers’ buying habits would become more volatile post-COVID 19, consumers’ experience requires safety, accessibility, and digital engagement would be robust and diversified. 15 The report reveals that the COVID-19 outbreak pushed the popularity of mobile shopping. Online grocery shopping (including phone use) has increased by nearly 63% post-COVID than before social distancing execution and is likely to increase to 86% until its removal. Knowing the speed of market change will place companies in a position to handle the disruption-74% of the work is from home, at least for the time being. Again, the trend applies to consumers’ and businesses’ confidence/trust-building. The safety and security of customers or consumer protection are of paramount importance.

Given the rationale above, the doctrine of low bargaining power, exploitation theory and the economic approach provides the theoretical justification for consumer protection. Economic theory also justifies electronic transactions and e-commerce operations as instruments for optimising income. The trust theory based on behavioural economic conception also builds up the relationship between the law and customer trust and thus increases confidence in the online market. These premises form the basis for this research.

Need and Instruments for Online Consumer Protection

The law of the land guides people and the living society. Prevailing rules and regulations, when followed, provide peace of mind and security in all spheres, including business activities (Bolton et al., 2004 ). Previous research by Young & Wilkinson ( 1989 ) suggested that those who have more legally strict contracts face more legal problems in contrast to trust-related issues (Young & Wilkinson, 1989 ). Time has changed; people going for online transactions go with the legal framework and feel safe and secured (Bolton et al., 2004 ). An online agreement is a valid contract. Most UNCTAD member countries, including India, have adopted various laws concerning e-governance/e-business/e-society, such as e-transaction laws, consumer protection laws, cyber-crime laws, and data privacy and protection laws. The trend indicates that the law is vital in establishing trust in online transactions.

A review of literature on e-commerce and consumer protection suggests that over the years, consumer protection in e-commerce has received significant attention, particularly from the regulatory authorities-government agencies, trade associations and other associated actors (Belwal et al., 2020 ; Cortés, 2010 ; Dhanya, 2015 ; Emma et al., 2017 ; Ibidapo-Obe, 2011 ; ITU, 2018 ; Jaipuriar et al., 2020 ; Rothchild, 1999 ; Saif, 2018 ). The OECD ( 2016 ), UNCTAD ( 2017 ), and World Economic Forum ( 2019 ) guidelines on e-commerce have facilitated countries to have regulations/laws to provide online customers with data privacy, safe transaction and build trust. Table ​ Table2 2 explains policy guidelines on consumer protection based on a summary of online consumer challenges and possible remedies at different purchases stages.

Online consumer protection instruments

Source: Authors’ compilation

Research Issue and Objective

The research gap identification involves reviewing the literature on various aspects of e-commerce and consumer rights protection issues spanning two decades. An objective review of 36 highly rated (Scopus/Web Services/ABDC Ranking or the like) e-commerce related publications from over 100 articles published in the last 20 years (2000–2020) suggests that the vast majority of earlier studies in this field have been conceptual/theoretical and generic. Regarding the legal framework of e-commerce and consumers’ rights protection, six current papers exclusively in the Indian context were available for analysis and review. The observations are that while the focus on consumer privacy and rights protection concerns is too general, the legal framework's scrutiny has limited its scope. A review of selected studies on trust and consumer rights protection in e-commerce, as shown in Table ​ Table3, 3 , reveals that application aspects, particularly legal issues, are lacking. Indian experience in e-commerce consumer rights protection through jurisprudence is nascent. Review studies show the research of a combination of management and law-related analysis in e-commerce and consumer rights protection is lacking. This scenario showed a gap in exploring a more comprehensive research opportunity in the Indian context.

Summary of selected studies on trust in e-commerce and consumer protection in e-commerce: research gap identification

While e-commerce and electronic transactions have evolved as a global trend, it is noteworthy that Indian customers are still reluctant to place complete confidence and trust in commercial online transactions. Compared to conventional offline customers, online customers face greater risk in cyberspace because they negotiate with unknown vendors and suppliers. 16 The common issues 17 related to e-commerce are data privacy and security, product quality, uncertain delivery, no/low scope of replacement, the jurisdiction of filing complaints, and inconceivable terms and conditions (Lahiri, 2018 ). “Country of origin” of the product is a significant issue in e-commerce, particularly in cross-border transactions (Bhattacharya et al., 2020 ). The inadequacy of the Consumer Protection Act, 1986 and other associated laws has surged the insecurity and lack of trust among online customers. The significance of digital payments pursued by the Government of India's essential demonetisation policy-2016 has pushed for online transaction security and consumer protection in e-commerce activities. Therefore, the Consumer Protection Act, 2019 18 replaced the Consumer Protection Act 1986 and became effective with effect from 20 July 2020, 19 while on 7 July 2020, the Consumer Protection (E-commerce) Rules, 2020 20 came into force to address the e-commerce challenges. Nevertheless, it was evident that to attract additional investment and to engage with the global market, India, as an emerging country, had to gain the confidence of e-consumers.

These two legislations primarily govern domestic e-commerce businesses. Therefore, the research focuses on these two legal infrastructure strands-new laws enacted during 2019 and 2020 and discusses their implications for online consumer security to increase customers' interest and trust in India's electronic transactions. Like the  ABI model , the study also examines the factors influencing e-commerce customers' confidence in the present research context.

Methodology

The research initially depended on the rigorous review of the consumer protection guidelines released from time to time by various bodies, such as the OECD and UNCATD, accompanied by an analysis of the Indian consumer protection legal structure. The Indian Consumer Protection Act, 2019 and the Consumer Protection (E-commerce) Rules, 2020 were the review and analysis subjects. The study used e-commerce driver data collected from secondary sources-published material; the survey reported e-commerce growth and trends and consumer protection and conducted an online survey of 432 online consumers during August and September 2020.

Analysing the arguments of Zikmund ( 2000 ), Bryman ( 2004 ), Saumure & Given ( 2008 ), Bill et al., ( 2010 ) and Bornstein et al. ( 2013 ) about the representative of convenience sampling and bias, we consider it is similar to that of the population, and there is no harm with due care. Regarding inherent bias in convenience sampling, data collection from different sources with different respondents’ inclusion provides more data variability and considerably reduces prejudice (Sousa et al., 2004 ; Edgar and Manz, 2017 ). Therefore, the respondents included in the research were students, professors, advocates, doctors, professionals, and homemakers, avoiding excluding family, relatives and friends to ensure bias-free. Their contact details sources were various channels, including public institution websites, social networking sites, and the authors’ email box. Assuming that more respondents feel fun filling out online questionnaires and providing truthful answers (Chen & Barnes, 2007 ; Saunders et al.,  2007 ), the study used an online survey. Furthermore, because people in the digital age are more computer/smartphone savvy, they are more likely to follow a similar trend. Besides, such a technique was convenient during the COVID-19 pandemic condition because of its timeliness, inexpensive methods, ease of research, low cost (no support for this research), readily available, and fewer rules to follow. The respondents' contact details sources were various channels, including public institution websites, social networking sites, and the authors' email box.

The study used a structured questionnaire comprising seven questions with sub-questions except the 7th one being open-ended, consuming about 8–10 min, designed based on the insights gained from responding to customer surveys of different e-commerce companies last year. Pretesting the questionnaire with 17 responses from the target group supported modifying the final questionnaire partially. The first four questions were background questions-gender, age, respondent's attitude towards internet purchasing. Question number five with sub-questions, being the focused question, provided the answer to some trust-building factors found in the literature review. Following previous research (McKnight et al.,  2002 ; Corbit et al.,  2003 ; Pavlou,  2003 ) tested the Likert-scale, this question's solicited response relied on a five-point Likert-rating scale (1 = Not important at all, 2 = Less important, 3 = Somewhat important, 4 = Important, 5 = Very important). The query six asked was about the consumer protection issues in e-commerce/online transaction-scam/fraud and grievance settlement. The final question seven was open-ended for any remark the respondent wanted to make. The questionnaire was reliable on a reasonable basis with greater internal consistency on overall internal reliability (Cronbach's alpha = 0.829) at a 1% level of significance. The Zoho Survey technique was used to solicit required information. The response rate was 76% (327) of the total emails sent (432). The retained responses were 290, i.e. 88.69% of the replies received, completed in all respects and satisfying the research requirement. The research applied statistical instruments like percentage, weighted mean and multiple regression analysis using SPSS-26 for analysis and interpretation.

Figure  5 highlights the research framework and process.

Research framework and process

Deficiency in Act, 1986 and Key Feature of the New Act Governing E-Commerce Consumer Protection

The rapid development of e-commerce has led to new delivery systems for goods and services and has provided new opportunities for consumers. Simultaneously, this has also exposed the consumer vulnerable to new forms of unfair trade and unethical business. The old Act, 1986, has severe limitations regarding its applicability and adjudication processes in consumer rights protection in e-commerce. The new Act, 2020 brings fundamental changes regarding its scope of application, penalty and governance; and envisages CCPA and vests regulating and controlling powers. Table ​ Table4 4 explains the comparative picture between the old Act, 1986 and the new Act, 2019.

Comparison between old Act, 1986 and new Act, 2019

The Act, 2019 applies to buying or selling goods or services over the digital or electronic network, including digital products [s.2 (16)] and to a person who provides technologies enabling a product seller to engage in advertising/selling goods/services to a consumer. The Act also covers online market places or online auction sites [s.2 (17)].

Necessary definition/explanation connected to e-commerce provided by the Act are:

Consumer: Meaning

If a person buys any goods and hires or avails any service online through electronic means, the person would be a consumer of the Act [Explanation b to s.2 (7)].

Product Seller: Electronic Service Providers

The electronic service providers are the product sellers under the Act and have the same duties, responsibilities, and liabilities as a product seller [s.2 (37)].

Unfair Trade Practice: Disclosing Personal Information

Unfair trade practice under the Act [s.2 (47) (ix)] refers to electronic service providers disclosing to another person any personal information given in confidence by the consumer.

Authorities: Central Consumer Protection Authority (CCPA)

The Act, 2019 provides, in addition to the existing three-tier grievance redress structure, the establishment of the Central Consumer Protection Authority [CCPA] [s.10 & 18] to provide regulatory, investigative or adjudicatory services to protect consumers’ rights. The CCPA has the powers to regulate/inquire/investigate into consumer rights violations and/unfair trade practice  suo motu  or on a complaint received from an aggrieved consumer or on a directive from the government. The specific actions it can take include:

• Execute inquiries into infringements of customer rights and initiate lawsuits.
• Order for the recall of dangerous/hazardous/unsafe products and services.
• Order the suspension of unethical commercial practises and false ads.
• Impose fines on suppliers or endorsers or publishers of false advertising.

The power of CCPA is categorical regarding dangerous/hazardous/unsafe goods and false/misleading advertisements. The CCPA has the authority to impose a fine ranging from Rs 100 k to Rs 5 million and/imprisonment up to life term for the violators depending on the type of offences committed by them (Table ​ (Table5 5 ).

Penal provisions

Redress Mechanism

The provisions laid down in Sect. 28 through Sect. 73 deal with various aspects of the consumer dispute redress system. The new Act has changed the District Consumer Dispute Redressal Forum terminology to the District Consumer Dispute Redressal Commission. The pecuniary jurisdiction of filling complaints in the three-tier consumer courts at the District, State and National level has increased (Table ​ (Table5). 5 ). For better understanding, Fig.  6 shows a diagrammatic picture of the judicial system of dispute settlement.

Grievance redress mechanism

The Act, 2019 provides a dispute settlement mechanism through the mediation process in case of compromise at the acceptance point of the complaint or some future date on mutual consent (Sec 37). A mediation cell would operate in each city, state, national commission, and regional bench to expedite redress. Section 74 through 81 of the Act lays down the detailed procedure. Section 81(1) maintains that no appeal lies against the order passed by Mediation, implying that the redress process at the initial stage would be speedy, impacting both the consumers and service providers.

Consumer Protection (E-Commerce) Rules, 2020

The Consumer Protection (E-Commerce) Rules, 2020, notified under the Consumer Protection Act, 2019 on 23 July 2020, aims to prevent unfair trade practices and protect consumers' interests and rights in e-commerce.

Applicability (Rule 2)

The Rules apply to:

• i. Both products and services acquired or sold through automated or electronic networks;
• ii. All models of e-commerce retail;
• iii. All the e-commerce entities, whether they have inventory or market place model. The inventory-based model includes an inventory of goods and services owned by an e-commerce entity and directly sold to consumers [Rule 3(1) f]. In the marketplace model, an e-commerce entity has an information infrastructure platform on a digital and electronic network that facilitates the consumer and the seller. [Rule 3(1)g];
• iv. All aspects of unfair trading practise in all models of e-commerce; and
• v. An e-commerce entity is offering goods or services to consumers in India but not established in India.

General Duties of E-commerce Entities (Rule 4)

The duties of e-commerce entities are:

• i. An e-commerce entity must be a company incorporated under the Companies Act.
• ii. Entities must appoint a point of contact to ensure compliance with the Act.
• iii. They have to establish an adequate grievance redress mechanism; they would appoint a grievance officer for this purpose and display his name, contact details, and designation of their platform. He would acknowledge the complaint's receipt within 48 h and resolve the complaint within a month from receipt of the complaint.
• iv. If they are offering imported goods, the importers’ names and details from whom the imported goods are purchased, and the sellers’ names are to be mentioned on the platform.
• v. They cannot impose cancellation charges on consumers unless they bear similar costs.
• vi. They have to affect all payments towards accepted refund requests of the consumers within a reasonable period.
• vii. They cannot manipulate the goods' prices to gain unreasonable profit by imposing unjustified costs and discriminating against the same class of consumers.

Liabilities of Marketplace E-commerce Entities (Rule 5)

The liabilities of marketplace e-commerce entities include the following:

• i. The marketplace e-commerce entity would require sellers to ensure that information about goods on their platform is accurate and corresponds with the appearance, nature, quality, purpose of goods.
• ii. They would display the following information prominently to its users at the appropriate place on its platform:
• • Details about the sellers offering goods-principal geographic address of its headquarters and all branches and name and details of its website for effective dispute resolution.
• • Separate ticket/docket/complaint number for each complaint lodged through which the user can monitor the status of the complaint.
• • Information about return/refund/exchange, warranty and guarantee, delivery and shipment, payment modes and dispute/grievance redress mechanism.
• • Information on the methods of payment available, the protection of such forms of payment, any fees or charges payable by users.
• iii. They would make reasonable efforts to maintain a record of relevant information allowing for the identification of all sellers who have repeatedly offered goods that were previously removed under the Copyright Act/Trademarks Act/Information Technology Act.

Sellers’ Duties on the Marketplace (Rule 6)

The duties of sellers on the market encompass:

• i. The seller would not adopt any unfair trade practice while offering goods.
• ii. He should not falsely represent himself as a consumer and post-product review or misrepresent any products' essence or features.
• iii. He could not refuse to take back goods purchased or to refund consideration of goods or services that were defective/deficient/spurious.
• iv. He would have a prior written contract with the e-commerce entity to undertake sale.
• v. He would appoint a grievance officer for consumer grievance redressal.
• vi. He would ensure that the advertisements for the marketing of goods or services are consistent with the actual characteristics, access and usage conditions of goods.
• vii. He will provide the e-commerce company with its legal name, the primary geographic address of its headquarters and all subsidiaries/branches, the name and details of the website, e-mail address, customer contact details such as faxes, landlines and mobile numbers, etc.

Duties and Liabilities of Inventory E-commerce Entities (Rule 7)

As in the inventory-based model, inventory of goods and services is owned and sold directly to consumers by e-commerce entities, so inventory e-commerce entities have the same liabilities as marketplace e-commerce entities and the same duties as marketplace sellers.

The Act 2019 has several provisions for regulating e-commerce transactions with safety and trust. Since the Act is new, it would be premature to comment on its operational aspects and effectiveness. In a recent judgement in Consumer Complaint No 883 of 2020 ( M/s Pyaridevi Chabiraj Steels Pvt. Ltd vs National Insurance Company Ltd , the NCDRC 21 has proved the Act's operational effectiveness by deciding the maintainability of a claim's jurisdiction based on the new Act's provisions. However, it is inevitable that "beware buyer" will be replaced by "beware seller/manufacturer"; the consumer will be the real king. The Rules 2020 strike a balance between the responsibilities of e-commerce business owners and on-the-platform vendors. Contravention, if any, of the new regulation/rules would invite the provisions of the Act 2019. The observation is that limited liability partnerships are missing from the e-commerce entities. However, with the Act and Rules' operational experience, the judiciary or legislature will address this issue sooner or later.

Nevertheless, the Rules 2020 provide a robust legal framework to build consumers' trust in e-commerce transactions and protect their rights and interests, thereby proving the notion, "consumer is the king". The COVID-19 impact has pushed the government to adopt and encourage online compliant filling procedures through the National Consumer Helpline. Using various APPs is likely to expedite the adjudication process and benefit the aggrieved consumer and build trust in the governance system.

Reading the Rules, 2020, with the Act, 2019, the observation is that by making smartphones the primary target of the new legislation, the Act, 2019 is hailed as an all-inclusive regulatory regime that would raise customer interest investment in e-commerce. To safeguard consumers' rights in all modern-day retail commerce models, the Act, 2019 attempts to turn the jurisprudence pervading consumer protectionism from a caveat emptor to a caveat seller. In addition, the Act formally incorporated e-commerce within its limits and entered the realm of B2C e-commerce. One crucial takeaway benefit for consumers is simplifying the complaint filing process, enabling consumers to file complaints online and redress grievances.

E-commerce has become a gift to all customers in the COVID-19 pandemic's aftermath. The E-Commerce Rules, 2020 follow the stringent consumer protection regime under the new Act, 2019. In the raging pandemic, the timing of the E-Commerce Rules, 2020 is beneficial considering the current limitations on customers' freedom of travel and increased reliance on e-commerce. The grievances redress mechanism as provided in the Rules, 2020 is indubitably a calibrated step ensuring neutrality in the e-commerce market place, greater transparency, stringent penalties and a striking balance between the commitments of e-commerce firms and vendors in the marketplace. The mandatory provisions of appointing a consumer grievance redress officer and a nodal contact person or an alternative senior appointed official (resident in India) with contact details, acknowledging consumer complaints within 48 h of receipt with a ticket number, and resolving complaints within 1 month of receipt are unquestionably beneficial to consumers. Although each e-commerce company has its refund policy, all refund claims must have a timely settlement. However, anxiety abounds as daily online fraud and unethical trading practices have made consumers fearful of exposing themselves to unscrupulous vendors and service providers. Moreover, the regulations' effective enforcement would dissuade unethical retailers and service providers, thereby building consumer trust, which time will see.

Practical Contributions

The practical contributions of the paper emerge from survey findings. Concerning the primary survey, the male–female ratio is nearly 1:1, with an average age of 36 years in the age range of 20–65. As regards profession, 67% were working professionals, and 22% were students. While all of the respondents were computer/tablet/mobile-savvy, 96% had at least a five-time online shopping experience during the last 7 months between January–July 2020. The desktop with 61% response is still the preferred device for online shopping. The pricing with cash on delivery, shipping convenience, and quality reviews determined online shopping factors. About 57% of them agreed that COVID-19 impacted their online purchase habits and pushed for online transactions even though they feared insecurity about online shopping. The primary concerns were low-quality products at a high price, a refund for defective products, and a delay in settlement of wrong/excess payments. The top five leading e-commerce platforms reported were Amazon, Flipkart, Alibaba, Myntra, and IndiaMart. Netmeds was also a leading e-commerce business platform in the pharmaceutical sector. During the COVID-19 pandemic, JioMart was very popular for home-delivery food products, groceries and vegetables in the metro locality. The customer feedback system was found robust on Amazon.

The respondents' trust in online shopping reveals that a secure and reliable system was essential for 93% of the respondents. For nearly the same proportion, information about how e-business firms work provided security solutions was a priority factor. Choosing a payment option, 76% of the respondents prioritised “cash on delivery-online transfer at the doorstep. Regarding the privacy of personal information shared by online shoppers, 52% said that they cared about this aspect. Factors like warranty and guarantee (67%) and customer service (69%) were important factors of trust-building with the e-entities. Information on the websites (easy navigation/user friendly and reviews) was either important or very important, with 77% of the respondents’ confidence building to buy online. Information about the product features and its manufacturer/supplier was essential to 86% of the respondents for trust-building on the product and the supplier (manufacture) and e-commerce entity. Along with the ABI model discussed above, the presumption is that security, privacy, warranty/guarantee, customer service, and website information factors positively influence e-commerce customers' trust.

Multiple regression analysis suggests that as the  P  = value of every independent variable is below 0.05% level of significance, the independent variables security, privacy, warranty, customer service, and website information are all significant. Alternatively, the overall  P value of 0.032 with R 2 0.82 supports the presumption that security, privacy, warranty/guarantee, customer service, website information factors have a combined influence on e-commerce customers' trust.

Given this backdrop, Table ​ Table6 6 summarises the micro findings on respondents' online shopping behaviour, their trust and safety aspects, and understanding of the provisions of the new Act, 2019 and Rules, 2020. The higher mean value for a sub-factor implies higher importance attached to the factor by the respondents. P value at a 5% level of significance explains an individual element's contribution to trust-building behaviour for online buying.

Statistical analysis of online shopping trust factors ( N  = 290)

Managerial Insights

The first observation from the data analysis is that, comparatively, the younger generation is prone to online shopping; it goes along with Xiaodong and Min ( 2020 ). Secondly, the respondents of all age groups have online buying experience even in a pandemic situation forced by COVID-19, compromising their safety and security concerns. The third observation is that factors like “cash on the delivery option (COD)”, adequate information on the e-commerce entity corporate website, and effective grievance/complaint redress mechanism are the three crucial factors that build consumers’ trust in e-commerce transactions. The reason probably is that this Act and Rules are new and significant dispute (s) could yet be reported seeking invoking the relevant provisions of the Act and Rules in an appropriate legal forum.

Further, the logical observation of the COD option being a perceived influential factor in trust-building emanates from the fact that protection and security are the essential elements that make customers hesitant toward utilizing other e-payment options. The studies by Mekovec and Hutinski ( 2012 ), Maqableh ( 2015 ) and Ponte et al.( 2015 ); have similar views. However, post-demonetization (2016), India is growing with more digital payments. In this context, we value Harvard researchers Bandi et al. ( 2017 ) contention that customers who switch to digital payments maintain their purchasing recurrence but spend more and are less likely to restore their purchases. The firms in emerging markets may appreciate gains from customer interest, notwithstanding operational increases from payment digitalization. The coherent perception about the impact of website information on trust-building is in line with the findings of Brian et al. ( 2019 ) that the online information source creates a spill-over effect on satisfaction and trust toward the retailer. The implication of the need for an effective grievance redress mechanism is that trust-building would be a tricky proposition if the company cannot ensure dedicated and tailored customer service and support. Kamari and Kamari ( 2012 ) and Mangiaracina and Perego ( 2009 ) had comparative perspectives likewise.

The final observation is that the level of trust required to engage in online shopping/transaction varies among the respondents depending on their trust perception level. The younger generation, less than 35 years old, is more risk-taking when it comes to pre-purchase online payment, but women over 45 years old are a little hesitant and prefer to do their online shopping with payment at the time of placing an order. This is ostensibly because the younger generation is more tuned to network connectivity via smartphone/tablet, and they perceive online transactions as less dangerous. The present research findings on the influence of security, privacy, warranty/guarantee, customer service, and website information on e-commerce customers' confidence-building support the earlier discussed ABI model proposition (Mayer et al., 1995 ; Cazier, 2007 ; Helge et al.,  2020 ). The  R 2 -value of 0.82 implies that there are other factors beyond what is studied. The other probable factor (s) that might have influenced trust is the new Act and Rules' effectiveness in protecting online consumers' interests. The new regulations need a couple of years (at least 2 years) of operational experience for proper assessment. The Act 2019 appears robust to protect consumer rights and interests of e-commerce customers with specific regulations (i.e. Consumer Protection (E-Commerce) Rules, 2020) in force, helping the country's economic growth.

The study variably supports Nehf ( 2007 ) view that consumers make decisions about distributing their data in exchange for different benefits like, e.g., information on web sites and access to databases. Trust, credibility, privacy issues, security concerns, the nature of the information on the website, and the e-commerce firm's reputation directly influence consumers' internet trust (Kim et al., 2008 ). Trust is the focal point of online consumers' decision-making; the observation endorses  Larose and Rifon ( 2007 ) creation of privacy alerts as part of consumer privacy self-regulation initiatives and the use of a social cognitive model to consider consumer privacy behaviours. Besides, data privacy and trust breaches adversely affect the firm's market value (Tripathi & Mukhopadhyay, 2020 ) also hold good in the present context. Figure  7 demonstrates a diagrammatic model of trust of the consumer on e-commerce transactions leading to his decision-making.

Model for consumers’ trust on e-commerce transactions

Limitations

Every research has more or less some limitations; this one has too. The main impediment was the non-availability of adequate literature defining the impact assessment of the legal framework of consumer protection measures in e-commerce. The probable reasoning is that the Acts/Laws governing e-commerce and online consumer rights protection under consideration are new; ethical dispute resolution and judicial interventions have only recently begun. Sample size limitation is also a hindering factor in the generalisation of the findings. The observations and managerial insights are likely to change with a few more years of implementation experience of the Acts.

Conclusions, Implications and Future Research

Conclusions.

Lack of trust in goods and their suppliers/manufacturers was one of the primary reasons for people not buying online. The widespread internet penetration and the growing use of computer/tablets/smartphones have pushed e-commerce growth across countries, including India. The rapid e-commerce development has brought about new distribution methods. It has provided new opportunities for consumers, forcing consumers vulnerable to new forms of unfair trade and unethical business. Further, the government's measures to protect consumer rights, particularly online consumers, are inadequate. Hence, the government enacted the Consumer Protection Act, 2019 and the Consumer Protection (E-commerce) Rules, 2020 and made them effective from July 2020. The new Act and Rules have less than 6 months of operational experience, implying premature comment on its effectiveness in providing safety and security to online consumers. However, online consumers' positive responses suggest that people gain confidence in online shopping with safety and security. Because consumer rights protection is paramount in the growth of e-commerce, the new regulations strengthen the grievance redress mechanism of online consumers, ensuring their trust-building ability, safety, and security. The "Consumer is the King with power" now. The new reform, i.e., enactment of the two laws, aids in doing business too. Some legal complications may arise with more operational experience in the future. Still, with judiciary intervention and directives, the online consumer's safety and security will pave the growth of e-commerce in India.

Implications

Some stakeholders have apprehension about the new Act and Rules' effectiveness because of the slow judiciary process, inadequate infrastructure support, and corrupt practices. The findings provide some practical implications for consumer activists, policymakers, and research communities to explore how to strengthen trust-building among online consumers. Regarding theoretical implications, the research improves the scientific community's understanding of the existing body of knowledge about online trust and e-consumer protection. The article further contributes to the body of literature on e-commerce and consumer protection, understanding the crucial factors impacting customer trust and loyalty and provides an insightful perspective on e-consumer protection in the Indian context on the eve of the new legislation enacted in 2019–2020.

Future Research

Given the presumption that e-commerce and trust are areas of constant change, trust in e-commerce will change, and it will be more challenging to integrate e-commerce into people's lives. The scope for further research to test the effectiveness of the Act, 2019, and Rule, 2020 in redressing e-commerce consumers' grievances and protecting their rights is wider only after a couple of years of operational experience. The government's policy drive for accelerating online transactions also poses challenges considering the importance of trust-building and consumer rights protection in e-commerce. Future research would shed more light on these issues.

Acknowledgements

The authors express their appreciation to the section editor and two anonymous reviewers for providing insightful comments and constructive suggestions to improve the paper's quality.

This research did not receive any specific grant from funding agencies in the public, commercial, or not-for-profit sectors.

Declarations

The authors declare that they have no known competing financial interests or personal relationships that could have appeared to influence the work reported in this paper.

This article does not contain any studies with human participants or animals performed by any of the authors.

1 See The United Nations Economic Commission for Europe (UNECE) guidelines on e-commerce https://www.unece.org/fileadmin/DAM/stats/groups/wggna/GuideByChapters/Chapter_13.pdf , pp 249–263, Accessed 7 October 2020.

2 Consumer International is a champion in the sustainable consumer movement for the last 60 years. Its vision for the future of 2030 is to address three issues-sustainability, digitalization and inclusion. See for more details https://www.consumersinternational.org/who-we-are/ .

3 econsumer.gov came into being in April 2001, addresses international scams and guides its members to combat fraud worldwide; see for details https://econsumer.gov/#crnt .

4 For more details, refer to https://icpen.org/consumer-protection-around-world .

5 For a detailed report, see https://www.worldretailcongress.com/__media/Global_ecommerce_Market_Ranking_2019_001.pdf , Accessed 10 October 2020.

6 Complete report available at https://business.adobe.com/resources/digital-economy-index.html , Accessed 10 October 2020.

7 https://www.ibef.org/news/vision-of-a-new-india-US$-5-trillion-economy , Accessed 7 October 2020.

8 Government of India’s press release, see https://pib.gov.in/PressReleseDetailm.aspx?PRID=1603982 , Accessed 7 October 2020.

9 See CUTS International survey at https://cuts-citee.org/pdf/Discussion_Paper_E-Commerce_in_the_Context_of_Trade_Consumer_Protection_and_Competition_in_India.pdf , CSA Research at https://insights.csa-research.com/reportaction/305013126/Marketing , https://insights.csa-research.com/reportaction/305013125/Marketing , and UNTAD study at https://unctad.org/page/data-protection-and-privacy-legislation-worldwide , Accessed 12 December 2020.

10 https://innovationtactics.com/business-model-canvas-airbnb/ , Accessed 12 December 2020.

11 Detailed findings at https://insights.csa-research.com/reportaction/305013125/Marketing , Accessed 19 October 2020.

12 Amazon India began testing a Hindi for its mobile website, marking its first foray into vernacular languages in August 2018.

13 Flipkart started voice assist in multiple languages - Hindi and English to make shopping easier in June 2020 .

14 See cross-border shopping statistics and trends at https://www.invespcro.com/blog/cross-border-shopping/ , Accessed 15 October 2020.

15 https://www.pwc.com/gx/en/consumer-markets/consumer-insights-survey/2020/pwc-consumer-insights-survey-2020.pdf , Accessed 15 October 2020.

16 For global trend-access, explore, and personalized insights, see details at https://www.forrester.com/data/forecastview/reports# , Accessed 15 October 2020.

17 For defined common issues, see Government’s e-gazette at http://egazette.nic.in/WriteReadData/2020/220661.pdf , Accessed 15 October 2020.

18 https://consumeraffairs.nic.in/sites/default/files/Act%20into%20force.pdf , Accessed 30 October 2020.

19 See Government’s e-gazette notification http://egazette.nic.in/WriteReadData/2019/210422.pdf , Accessed 30 October 2020.

20 Government of India’s press release see https://pib.gov.in/Pressreleaseshare.aspx?PRID=1656161 and for detailed Rules see https://consumeraffairs.nic.in/theconsumerprotection/consumer-protection-e-commerce-rules-2020 .

21 Full reported case details are available at https://indiankanoon.org/doc/49459460/ , Accessed November 22, 2020.

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Contributor Information

Neelam Chawla, Email: [email protected] .

Basanta Kumar, Email: [email protected] .

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CBSE Class 12 Case Studies In Business Studies – Consumer Protection

CONSUMER PROTECTION Consumer Protection: Definition Consumer protection refers to not only providing education to consumers about their rights and responsibilities, but also helping them in getting their grievances redressed

Importance of Consumer Protection from Businessman’s Point of View

• Long-term Interest of Business is assured.
• Business uses society’s resources so they need to safeguard consumer’s interests.
• Social Responsibility towards consumers as an important interest group.
• It is the moral obligation of the businessmen to give due consideration to the consumer’s interest.
• To avoid government intervention in business.

Importance of Consumer Protection from Consumers’s Point of View

• Consumer Ignorance needs to be removed
• Unorganised Consumers need a mechanism to unite themselves.
• Widespread Exploitation of Consumers needs to be checked.

Ways and Means of Consumer Protection

• Self Regulation by enlightened business firms.
• Business Associations have laid down code of conduct for businesses.
• Consumer Awareness promotes consumerism.
• Consumer Organisations provide support to the consumers.
• Government provides necessary framework to safeguard the interest of consumers.

Consumer: Definition A ‘consumer’ is generally understood as a person who uses or consumes goods or avails of any service. A person who buys goods for commercial purpose or resale will not be considered to be a consumer.

CONSUMER PROTECTION ACT, 1986 Who can file a complaint?

• Any consumer
• Any registered consumer’s association
• The Central Government or any State Government. One or more consumers, on behalf of numerous consumers having the same interest.
• A legal heir or representative of a deceased consumer.

Rights Available to a Consumer

• Right to Information.
• Right to Choose.
• Right to be Heard.
• Right to Seek Redressal.
• Right to Consumer Education.
• Right to Safety.

Reliefs Available to a Consumer

• To remove the defect in goods or deficiency in service.
• To replace the defective product with a new one, free from any defect.
• To refund the price paid for the product, or the charges paid for the service.
• To pay a reasonable amount of compensation for any loss or injury suffered by the consumer due to the negligence of the opposite party.
• To pay punitive damages inappropriate circumstances.
• To discontinue the unfair/restrictive trade practice and not to repeat it in the future.
• Not to offer hazardous goods for sale.
• To withdraw the hazardous goods from sale.
• To cease manufacture of hazardous goods and to desist from offering hazardous services.
• To pay any amount (not less than 5% of the value of the defective goods or deficient services provided), to be credited to the Consumer Welfare Fund or any other organisation/person, to be utilised in the prescribed manner.
• To issue corrective advertisement to neutralise the effect of a misleading adverstisement.
• To pay adequate costs to the appropriate party.

Responsibilities of a Consumer

• Be aware about various goods and services available in the market.
• Buy only standardised goods and check for standardisation mark.
• Be aware about the risks associated with the products and services and use them prudently.
• Read the labels carefully.
• Assert yourself to ensure that you get a fair deal.
• Be honest in your dealings.
• Ask for a cash memo on purchase of goods or services.
• File a complaint in an appropriate consumer forum in a case of a shortcoming in the quality of goods purchased or services availed.
• Form consumer societies which would play an active part in educating consumers and safeguarding their interests.
• Show concern for the environment

CONSUMER PROTECTION Role of Consumer Organisations and NGOs in Promoting Consumer Protection

• Educating the general public about consumer rights.
• Educating consumers through various publications.
• Conducting comparative testing of consumer products.
• Encouraging consumers to strongly protest wherever necessary.
• Filing complaints in appropriate consumer courts on behalf of the consumers.
• Providing legal assistance to consumers in seeking legal remedy. ,
• Being proactive in filing cases in consumer courts in the interest of the general public.

Names of a few Consumer Organisations and NGOs

• Consumer Coordination Council, Delhi
• Common Cause, Delhi
• Voluntary Organisation in Interest of Consumer Education (VOICE), Delhi
• Consumers’ Association, Kolkata.

REDRESSAL AGENCIES UNDER THE CONSUMER PROTECTION ACT District Forum

• It comprises of three members who are appointed by the State Government concerned, namely, a President and two other members, one of whom should be a woman.
• A complaint can to be made to the appropriate District Forum when the value of the goods or services in question, along with the compensation claimed, does not exceed ? 20 lakhs.
• On receiving the complaint, the District Forum shall refer the complaint to the party against whom the complaint is filed. If required, the goods or a sample thereof, shall be sent for testing in a laboratory. The District Forum shall pass an order after considering the test report from the laboratory and hearing to the party against whom the complaint is filed.
• In case the aggrieved party is not satisfied with the order of the District Forum, he can appeal before the State Commission within 30 days of the passing of the order

State Commission

• Each State Commission comprises of a President and not less than two other members, one of whom should be a woman. They are appointed by the State Government concerned.
• A complaint can to be made to the appropriate State Commission when the value of the goods or services in question, along with the compensation claimed, exceeds Rs. 20 lakhs but does not exceed Rs. 1 crore.
• On receiving the complaint, the State Commission shall refer the complaint to the party against whom the complaint is filed. If required, the goods or a sample thereof, shall be sent for testing in a laboratory. The State Commission shall pass an order after considering the test report from the laboratory and hearing to the party against whom the complaint is filed.
• The appeals against the orders of a District Forum can also be filed before the State Commission.
• In case the aggrieved party is not satisfied with the order of the State Commission, he can appeal before the National Commission within 30 days of the passing of the order.

National Commission

• The National Commission consists of a President and at least four other members, one of whom should be a woman.
• All the members are appointed by the Central Government.
• A complaint can to be made to the National commission when the value of the goods or services in question, alongwith the compensation claimed, exceeds Rs. 1 crore.
• On receiving the complaint, the National Commission shall refer the complaint to the party against whom the complaint is filed. If required, the goods or a sample there of, shall be sent for testing in a laboratory. The National Commisson shall pass an order after considering the test report from the laboratory and hearing to the party against whom the complaint is filed.
• The appeals against the orders of a State Commission can also be filed before the National Commission and no further.
• An order passed by the National Commission in a matter of its original jurisdiction is appealable before the Supreme Court if the aggrieved party was not satisfied with the order of the National Commission.

LATEST CBSE QUESTIONS

Question 1. Indian Youth Organisation (IYO) organised a visit of its members to an old age home to inculcate the habit of social work among them. The visit revealed that the living conditions of the inmates of the old age home were not hygienic. So, the IYO members decided to clean the premises. During their cleanliness drive, they realised that the old age home also required pest control. But some of the inmates of old age home were reluctant for it because they believed that the pest control may create health problems for them. IYO, therefore decided to provide ethical, safe and odourless pest control. They showed to the inmates of old age home a pamphlet of the proposed pest control product which promised easy, inexpensive and long lasting pest control. The inmates happily agreed and the pest control was carried out. It worked for a fortnight but to their dismay the effect started wearing off. IYO contacted the pest control company which kept on postponing their visit. After waiting for a month, IYO filed a cased in the consumer court. The consumer court was satisfied about genuineness of the complaint and issued necessary directions to the pest control company.

• State the six directions that might have been issued by the court.
• Also identify any two values that are being communicated by IYO to the society. (CBSE, Delhi 2017)
• To remove the deficiency in service.
• To refund the charges paid for the service.
• To pay any amount (not less than5% of the value of the d effective goods or deficient services provided), to be credited to the Consumer Welfare Fund or any other organisation/person, to be utilised in the prescribed manner.
• To issue corrective advertisement to neutralise the effect of a misleading advertisements.
• Social service
• Promoting health and hygiene

Question 2. Ronit Raj, a marketing manager is a patient of diabetes for which he takes medicines regularly. One day, on his tour to Patna, he met with an accident and was hospitalised. Due to doctor’s negligence a delicate nerve of his right leg was cut rendering hum crippled throughout his life. Identify the consumer right that has been violated by the doctors under the Consumer Protection Act, 1986 in the above situation. (CBSE, Sample Paper, 2017) Answer: Right to safety is the consumer right that has been violated by the doctors under the Consumer Protection Act, 1986 in the above situation.

Question 3. Sirajuddin purchased a car for Rs. 15 lacs from an automobile company and found that its airbags were defective. After many complaints with the company that went unheard, he filed a case in the District Forum. He was not satisfied with the orders of the District Forum. He then appealed before the State Commission and on being dissatisfied with the orders of State Commission, he appealed before the National Commission. Sirajuddin was not satisfied with the orders of National Commission. Suggest him the highest authority where he could appeal against the decision of the National Commission. (CBSE, Sample Paper, 2017) Answer: Sirajuddin cannot appeal to any other higher authority. This is because only those matters which have been directly filed in the National Commission and where the value of goods and services in question along with the compensation claimed exceed ? 1 crore are appealable before Supreme Court.

Question 4. “Grahak Shakti”, an N.G.O. organized a workshop to discuss various issues relating to consumers. During the discussion, one of the members drew attention towards exploitation of consumers due to defective and unsafe products, adulteration, black marketing, hoarding etc. To this another member argued that consumers themselves are responsible as they do not raise collective voice against the exploitation. The Chairperson of the organization was of the opinion that it was also the duty of the businessman to take care of the interests of various stakeholders. Business organizations earn money by selling goods and services to consumers. So the interests of the stakeholders have to be well taken care of. State three points that highlight the need for consumer protection as discussed in “Grahak Shakti’s workshop. (CBSE, Sample Paper, 2017) Answer: The three points that highlight the need for consumer protection as discussed in “Grahak Shakti’s workshop are described below:

• Widespread exploitation of consumers
• Unorganized consumers
• Social responsibility.

Question 5. Manuj bought a packet of chips from a local shopkeeper and found that the ingredients given on the label were not legible. He complained about it to the company. The company sent a written apology stating that they will make sure that existing packets are withdrawn from the market and new packets with legible labels are soon made available. State the consumer right which Manuj exercised. (CBSE, Delhi 2016) Answer: Right to be heard has been exercised by Manuj.

Question 6. Suman bought a box of cheese of a reputed brand from a local shopkeeper. On opening the box, she found a piece of stone in the cheese. She reported the matter to the shopkeeper who forwarded her complaint to the concerned company. Within a week, the representative of the company visited Suman’s residence with an apology and as a replacement offered her a new cheese pack with four other varieties of cheese as compensation for the inconvenience to her. State the consumer right with Suman exercised. (CBSE, OD 2016) Answer: Right to seek redressal has been exercised by Suman.

Question 7. Manvendra always went to a specific shop to buy all consumable and non-consumable goods. In this shop, a variety of products of different brands were displayed nicely and the sales person available also gave good sales presentations if required. But this shop was quite far-off from his residence. His friend Annant always wondered why Manvendra wastes so much time in going to that shop whereas there were many big brand shops situated near his residence having consumable and non-consumable goods. Annant asked Manvendira the reason of going to that particular shop. Manvendra told that he was exercising one of his rights which he could not exercise in nearby big brand shops. State the consumer’s right which Manvendra had exercised. (CBSE, Foreign 2016) Answer: Right to choose has been exercised by Manvendra.

Question 8. Vasvi purchased a bottle of pickle from the local grocery shop. The information provided on the bottle was not clear. She fell sick on consuming it. She filed a case in the District Forum under the Consumer Protection Act and got the relief.

• Identify the important aspect neglected by the marketer in the above case.
• Explain briefly the functions of the aspect identified in (1) above (CBSE, OD 2016)

OR Ashima purchased a bottle of tomato-sauce from the local grocery shop. The information provided on the bottle was not clear. She fell sick on consuming it. She filed a case in the District Forum under the Consumer Protection Act and got the relief.

• Explain briefly the functions of the aspect identified in (1) above. (CBSE, Delhi 2016)
• The marketer had overlooked the Labelling as it was not done appropriately for the product
• Describes the product and specifies its contents: Labelling provides information about the core function of the product i.e. how and why the product is likely to be beneficial to the prospective buyer. It educates them about the usage and precautions related to the product. It also gives detailed information about the ingredients of the product.
• Helps in identification of the product or brand: The label contains the logo, brand name, tagline, name and address of the manufacturer etc. of the product which helps in easy identification of the product.

Question 9. Aman, a degree holder in Entrepreneurship came to know about Piplantri Village located in Rajasthan, where in 2006 an initiative was started in which 111 trees are planted every time a girl child is born. To keep termites away from the trees the villagers have planted 2.5 million Aloe Vera plants around the trees. This has turned the village into an oasis, as the planting of trees led to higher water levels. Aman decided to visit the village to start a business unit, for the processing and marketing of Aloe Vera into juices, gels and other products. However, on visiting the village Aman found that the villagers were suffering exploitation at the hands of local merchants who were engaged in unscrupulous, exploitative trade practices like hoarding and black marketing of food products and also selling unsafe and adulterated products to the villagers. After looking at their plight, instead of a business organisation, he decided to set up an organisation for the protection and promotion of the consumer interest of the villagers. State the functions that the organisation established by Aman will be performing. (Any six points). (CBSE, Sample Paper 2015-16) Answer: Aman has set up an NGO or consumer organisation in the village for the protection and promotion of the consumer interests. The key functions highlighting the role of a consumer association are listed below:

• Educating the general public about consumer rights by conducting training programmes, conferences and workshops.
• Publishing periodicals and other publications to give knowledge about consumer problems, legal reporting, reliefs available and other matters of interest.
• Carrying out comparative testing of consumer products in accredited laboratories to test relative qualities of competing brands and publishing the test results for the benefit of consumers.
• Encouraging consumers to strongly protest and take an action against unscrupulous, exploitative and unfair trade practices of sellers.
• Providing legal assistance to consumers by way of providing aid, legal advice etc. in seeking legal remedy.
• Filing complaints in appropriate consumer courts on behalf of the consumers. .

Question 10. Himesh, after completing his graduation, started working with a multinational company in Delhi. But due to ill health of his parents, he had to go back to his village. There he noticed that the villagers were literate but ignorant about their rights. Many vegetable vendors were using stones as weights to sell their vegetables. Some shopkeepers were selling food items without having the ‘FPO Mark’. The villagers did not find anything wrong with these practices. So, to create awareness among the villagers, Himesh decided to publish a weekly journal ‘Jan Jagriti.’ State the right which Himesh has exercised by doing so. (CBSE, Sample Question Paper 2015) Answer: Right to consumer education has been exercised by Himesh.

Question 11. On Sonika’s birthday, her mother gave her a pair of gold earrings. After one month, Sonika observed that the earrings were losing their shine. She checked the mark on the earrings and found that it was not a proper Hallmark and her mother had been cheated by the shopkeeper. So, she filed a complaint in the District Forum which rejected it. Not satisfied by the decision of the district Forum, she was very much disturbed and after two months, she decided to appeal further. Can Sonika appeal against the decision of the district forum? Give reason in support of your answer. (CBSE, Delhi 2015) Answer: No, Sonika will not be able to appeal further in the State commission. This is because two months have already passed and the appeal had to be filed within 30 days of the passing of the order by the District Forum.

Question 12. Himanshu purchased a new car from ‘Galaxy Motors’ for Rs. 25 lakh. He was offered free insurance for the first year and three free servicing to be availed after the car had covered 5,000 km, 10,000 km and 15,000 km, respectively. When Himanshu took the car for the first free servicing, he was told that the car was not new and first service had already been availed on this car. He felt cheated and filed a complaint in the State Commission. Being not satisfied with the decision of the State Commission, after two months he decided to file an appeal against it. Can Himanshu appeal against the decision of the State Commission? Give reason in support of your answer. (CBSE, 2015) Answer: No, Himanshu will not be able to appeal further against the decision of State Commission in the National Commission. This is because two months have already passed and the appeal had to be filed within 30 days of the passing of the order by State Commission.

Question 13. Palak went to a shopkeeper to buy a hair oil. The shopkeeper forced her to buy a particular brand of hair-oil out of various available brands, irrespective of the willingness of Palak. Which right of Palak, as a consumer, has been violated? Name and explain the right. (CBSE, Delhi 2013) Answer: The Right to choose has been violated in the given case as Palak was forced by the shopkeeper to buy a particular brand of hair oil. According to the Right to Choose, the consumer has a right to choose from a variety of products at competitive prices. Also, the marketers should offer a wide variety of products to buyers.

Question 14. Harsh asked for a bottle of mineral water from a shopkeeper. The maximum retail price printed on the bottle was Rs. 12 only whereas the shopkeeper was charging Rs. 35. In spite of many arguments, the shopkeeper was not ready to sell the bottle for less than Rs. 35. Harsh was in need of it and had no option except to buy. As an aware consumer, name and explain the right which Harsh can exercise. (CBSE, OD, Comptt. 2013) Answer: As an aware customer, Harsh can exercise his Right to be Heard. The consumer has a right to be of a complaint and to be heard in case he/she is dissatisfied with a product or a service.

Question 15. Anita purchased a book from Satish Book Store. While reading the book, she found that sixteen pages were missing. She approached the seller of the book and complained about the missing pages. The seller promised that if the publisher was ready to change the book he would change the same. After a week, the seller informed Anita that the publisher had refused to change the book. Where can Anita file a complaint against the seller of the book? Give reason in support of your answer. Also explain who is a consumer as per “Consumer Protection Act 1986”. (CBSE, 2011) Answer: Since, the value of the goods or services in question, along with the compensation claimed, does not exceed Rs. 20 lakhs she will file a case in the District Forum. A ‘consumer’ is generally understood as a person who uses or consumes goods or avails of any service. A person who buys goods for commercial purpose or resale will not be considered to be a consumer.

Question 16. Prakhar purchased an ISI mark electric iron from Bharat Electricals. While using it, he found that it was not working properly. He approached the seller and complained about the same. The seller satisfies Prakhar by saying that he will ask the manufacturer to replace the iron. The manufacturer refused to replace and Bharat Electricals decided to file a complaint in the consumer court. Can Bharat Electricals do this? Why? Also explain who is a consumer as per Consumer Protection Act, 1986. (CBSE, Delhi 2011) Answer: No, Bharat Electricals will not be able to file a complaint under Consumer Protection Act 1986 because according to this act a person is not deemed to be a customer if he buys goods for resale or commercial purpose. Under the Consumer Protection Act 1986, a consumer is defined as:

• Any person who buys any goods for a consideration, which has been paid or promised, or partly paid and partly promised or under any scheme of deferred payment. It includes any uses of such goods, when such use is made with the approval of the buyer, but does not include a person who obtains goods for re-sale or any commercial purpose.
• Any person who 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. It includes any beneficiary of services when such services are avails of such services for any commercial purposes.

Question 17. Reena purchased one litre of pure desi ghee from a shopkeeper. After using it, she had doubts that it was adulterated. She sent it for a laboratory test which confirmed that the ghee was adulterated. State any six reliefs available to Reena if she complains and the consumer court is satisfied about the genuineness of the complaint. (CBSE, Delhi 2011) Answer: The six reliefs available to Reena are listed below:

• To provide replacement for the defective product.
• To pay a reasonable amount of compensation for any loss or injury suffered by the consumer due to the negligence of the marketer.
• To issue corrective advertisement to neutralise the effect of a misleading advertisement.

ADDITIONAL QUESTIONS

Question 1. A few days back in Uttar Pradesh, an ATM of a nationalized bank in Shahjahanpur dispensed counterfeit Rs. 2,000 notes. The victim Puneet Gupta, who withdrew a total of Rs. 10,000, was shocked when he found that one of the five notes he withdrew was a scanned copy, but the bank refused to change it. They, in fact, even refused to acknowledge that the note came out of their ATM. His friend Avneet who is banker told him that as per the Reserve Bank directive issued in May 2012, no bank can put back into circulation currency notes (of Rs. 100 and higher denominations) received by them, without first processing them for authenticity. Moreover he suggested to him to exercise a particular right and ask the bank for evidence on the kind of steps being taken by the bank to stop fake notes entering the ATM and also the number of complaints that they have received so far from consumers about fake notes coming out of their ATMs. In context of the above case:

• Identify and explain the right of consumer that Puneet Gupta has been suggested to exercise by his friend in the above case.
• List any two values being ignored by the bank.
• Puneet Gupta has been suggested to exercise Right to information by his friend in the above case. According to the Right to Information, the consumer has the right to get complete information about the product that he/she may propose to buy including its contents, date of manufacture and expiry, maximum retail price, quantity, directions for use etc. Moreover, as per law, it is mandatory for the marketers to provide complete information about the product/service to buyers.
• Responsibility

Question 2. ‘Vastra Ltd.’ is engaged in the manufacturing of apparel. Over the years, it has became a popular brand due to its good product quality and exclusive designing. The company plans to open its own retail showrooms in metropolitan cities in India. In order to meet its financial needs it has offered for subscription an IPO of Rs. 4 lakh equity shares in the price band of Rs. 430 – Rs. 445 each. As per the guidelines of SEBI, the company has provided a complete disclosure of the relevant details in its prospectus.

• Identify and explain the right of the consumer being fulfilled by the directives of SEBI in the above mentioned case.
• Briefly explain any two points highlighting the importance of consumer protection from the point of view of the businessmen.
• The Right to information is being fulfilled by the directives of SEBI in the above mentioned case. According to the Right to information, the consumer has the right to get complete information about the product that he/she may propose to buy including its contents, date of manufacture and expiry, maximum retail price, quantity, directions for use etc. Moreover, as per law, it is mandatory for the marketers to provide complete information about the product/service to buyers.
• Long-term interest of business: In order to ensure long term interest of business it is important that businessmen strive to earn profits only through consumer satisfaction. This will not only ensure the survival of business but also lead to its growth in the future.
• Business uses society’s resources: Since a business employs society’s resources to create offerings so they need to safeguard the consumer’s interests.

Question 3. HomeShop18 is an online and on-air retail and distribution venture of the Network 18 Group, India. It is a part of the Networkl8 Media and Investments Limited which is owned and operated by Reliance Industries. Currently, HomeShopl8.com comprises of more than 15 categories namely, Mobiles, Health & Beauty, Apparel, Jewellery, Home & Kitchen, Household Appliances etc. to name a few. The company offers a wide variety of goods under each of these categories.

• Identify and explain the relevant consumer right being promoted by the company.
• Also mention any two values being reflected through this approach adopted by the company.
• The Right to Choose is being promoted by the company. According to the Right to Choose, the consumer has a right to choose from a variety of products at competitive prices. Also, the marketers should offer a wide variety of products to buyers.
• The two values being reflected through this approach adopted by the company are increasing standard of living and technological development .

Question 4. In one of the cases, the Goa State Commission held that “The Consumer Protection Act is not for entertaining or compensating speculative transactions or losses”. It held that compensation cannot be given under the Consumer Protection Act to those involved in sale and purchase of shares, which are commercial transactions. The order follows an appeal by a Mumbai-based stock broker India Infoline Limited against an order of the Goa District Consumer Forum. Initially, the judgement of the Goa District Consumer Forum had awarded damages to Panaji- resident Vaman Nagesh who had lost money in share trading through a stock broker India Infoline Limited. In context of the above case:

• Why do ‘commercial transactions’ not fall under the purview of ‘consumer’ under the Consumer Protection Act?
• Why do you think that the above mentioned case was initially filed in the Goa District Forum by Vaman Nagesh?
• Where do you think Vaman Nagesh could have filed a further appeal in case he was not satisfied with the judgement passed about his case by the Goa State Commission?
• Under the Consumer Protection Act, a ‘consumer’ is generally understood as a person who uses or consumes goods or avails of any service. However, a person who buys goods for commercial purpose or resale will not be considered to be a consumer.
• Presuming that the value of the securities, along with the compensation claimed, did not exceed Rs. 20 lakhs, the above mentioned case was initially filed in the Goa District Forum by Vaman Nagesh.
• If, Vaman Nagesh was not satisfied with the order of the State Commission, he could have filed an appeal before the National Commission within 30 days of the passing of the order.

Question 5. After completing his education, Arman opened a small restaurant in a posh market to earn his livelihood. In order to attract good clientele, he decided to install two air conditioners in the restaurant. Since he didn’t have sufficient funds to buy air conditioners of a good brand, he bought two air conditioners from a local manufacturer in Janakpuri, Delhi for Rs. 20,000 each. Later on, he found that the compressor of one of the air conditioner was not working properly. Despite many complaints, the defect was not rectified by the manufacturer. So, he feels very disappointed about the issue and wants to take a legal action against the manufacturer to not only get compensation but also to save other people from being duped by the local manufacturer.

• Name the redressal agency to which he can approach to file complaint against the local manufacturer.
• State any two directions which the consumer court can issue to the local manufacturer after being satisfied with the genuineness of the complaint.
• State any two values being ignored by this automobile company.
• He can approach the District Forum to file complaint against the local manufacturer.
• To remove the defect in goods.
• To provide replacement for the defective product
• Concern for people.

Question 6. On her sister’s wedding, Radha decided to gift her gold earrings. When she shared her plan with her husband, he showed her an article in the daily national newspaper under the heading “Jago Grahak Jago.” The campaign included details about the various aspects that people must consider before buying any gold jewellery.

• Why do you think campaigns like “Jago Grahak Jago” are inserted in the newspaper?
• Name the right of consumer being fulfilled through this initiative of the government
• State any three responsibilities that Radha must discharge as an aware consumer while buying her sister’s wedding gift.
• The campaigns like “Jago Grahak Jago” are given in the newspaper to make the consumers aware of the various undesirable activities like unscrupulous, unfair trade practices etc which are carried out by the marketers to exploit the buyers.
• Right to Consumer Education is being fulfilled through this initiative of the government.
• Buy only standardised goods and check for standardization mark like Hallmark for gold jewellery .
• Assert herself to ensure that she gets a fair deal.

Question 7. In the year 2015, Under section 12(1D) of the Consumer Protection Act, the Consumer Affairs Ministry had filed a suit in National Consumer Disputes Redressal Commission (NCDRC) against Nestle India, the manufacturer of Maggi noodles, seeking about Rs. 640 crore in damages for alleged unfair trade practices, false labelling and misleading advertisements. In context of the above case:

• Name any two other two parties besides government who can file a case under Consumer Protection Act 1986.
• Why has the government filed a suit in National Consumer Disputes Redressal Commission (NCDRC) and at no other level of three tier redressal system?
• The two other two parties besides government who can file a case under Consumer Protection Act 1986 are any consumer and any registered consumers’ association.
• The government filed a suit in National Consumer Disputes Redressal Commission (NCDRC) and at no other level of the three tier redressal system because a complaint has to be made to the National Commission only when the value of the goods or services in question, along with the compensation claimed, exceeds ? 1 crore.

Question 8. Good Health Ltd., a pharmaceuticals company, has introduced mosquito repellent bands under the brand name ‘Jaddu’ in the wake of outbreak of Dengue in various parts of the country. The product attracted many people from all age groups, especially kids. However, the company failed to provide adequate guidance for the users on the label of the product in terms of time period of the effectiveness of the repellent band once its seal is opened. Because of this ambiguity, many buyers faced problems. In context of the above case:

• Identify and explain the consumer right which has been overlooked by the company.
• Name and explain any two functions of the important product related aspect ignored by the company.

Answer: The Right to information is being overlooked by the company in the above mentioned case.

• According to the Right to information, a consumer has the right to get complete information about the product he/she intends to buy including its contents, date of manufacture, date of expiry, price, quantity, directions for use etc. Also, as per law, it is mandatory for the marketers to provide complete information about the product/ service to the buyers.
• Describes the product and specifies its contents: Labelling provides information about the core function of the product i.e. how and why the product is likely to be beneficial to the prospective buyers. It educates them about the usage and precautions related to the product. It also gives detailed information about the ingredients of the product.

Question 9. Radheshyam moved from Muradabad to Mumbai to work as an artist in television serials. On getting his first salary, he opened an account in a nearby commercial bank and also opted for ATM facility under ATM card. After a few months, he lost his ATM Card and lodged a request with the bank for furnishing a duplicate card. Consequently, he was allotted duplicate ATM Card Number but that card was not given to him. After a week, he received a SMS message on his mobile stating that sum of Rs. 10,000/- has been withdrawn from his account. Since the duplicate ATM card was not given to him, he brought the debit entry in the notice of the bank. The bank assured to repay that amount to him within 15 days after investigating the issue. But, more than a month has passed since then and despite his persistent efforts the bank has not taken any action so far. So, he files a case against the bank in the district forum. The consumer court can issue a notice to the bank after being satisfied with the genuineness of the complaint and directs the bank to repay Rs. 10,000 to Radheshyam along with a compensation of Rs. 50,000. Name the rights exercised by Radheshyam in the context of the above case. Answer: The two rights exercised by Radheshyam in the context of the above case are Right to be heard and Right to seek redressal.

Question 10. Bharti Airtel Limited is an Indian global telecommunications services company headquartered in New Delhi, India. It operates in 20 countries across South Asia, Africa, and the Channel Islands. It provides GSM, 3G and 4G LTE mobile services, fixed line broadband and voice services depending upon the country of operation. It is the largest mobile network operator in India and the third largest in the world with 325 million subscribers. Its portal displays the following information “Airtel Mobile Customer Care – Call 121, 24-hr Airtel customer service number from your Airtel phone. In case you don’t get satisfactory resolution of your query/complaint at the Airtel customer service centre, you can get in touch with Airtel Nodal officers with your complaint reference number and details of grievance.” In context of the above case:

• Identify and explain the right of the consumer being fulfilled by the company in the above mentioned case.
• Name the function of marketing being performed by the company.
• State any two values that the company wants to communicate to the society.
• The right of the consumer being fulfilled by the company in the above mentioned case is right to be heard.
• The function of marketing being performed by the company is customer support services.
• Concern for consumers
• Respect for law.

Question 11. Suryansh booked a flat through a private builder in Greater Noida, Uttar Pradesh at the cost of ? 2 crores. As per the terms of the contract, the builder promised to provide him with all the basic and modern amenities such as continuous electric supply, CCTV Camera, Club facility, good quality of water, good security etc. Although he was given the possession of the flat in time, the builder did not provide all the basic and common facilities which also included 3 tier security having CCTV camera coverage for each floor. Suryansh kept complaining to the builder after possession of the flat for non-installation of CCTV camera and other common and basic amenities as promised at the time of agreement, but the builder kept assuring him that he will do the needful and he need not worry. After a month, Suryansh had to travel abroad, so he left his home with his flat duly locked. But on his return, he found that his flat has been robbed and theft of ? 10,000 and Jewellery worth ? 10 Lac had taken place. He complained to the builder that had CCTV cameras been installed, it would have been a deterrent and the theft would not have been taken place. Also, CCTV would have ensured that no unwanted person would have entered the building. When Suryansh discussed this incident with his friend Sooraj , who runs a consumer association, he advised him to file a case against the builder. In context of the above case:

• Name the right of consumer that Sooraj has advised Suryansh to exercise.
• State any three functions highlighting the role of a consumer association.
• Sooraj has advised Suryansh to exercise Right to be heard.
• Conducting comparative testing of consumer products available in the market.

Question 12. Gaurav purchased a pack of sweets for his son from a shop in the nearby market. After consuming those sweets, the condition of his son deteriorated and he had to be hospitalized. Later on through a laboratory test, it was certified that the sweets were adulterated.

• State any one precaution that he should have taken while purchasing packed sweets.
• Name the appropriate redressal agency that he can approach in case he decides to file a case against the shopkeeper.
• State any two values which are lacking in the shopkeeper.
• Gaurav should have checked for the quality assurance mark like FPO /FSSAI on its label while purchasing the food product.
• District Forum
• Concern for others.

Question 13. Aryan went to purchase a pack of chocolate for his son from a shop in the nearby market. Despite his preference to buy a pack of a particular brand the shopkeeper forced him to buy the pack of chocolate of another brand, by giving some odd justifications. After coming back home, Gaurav was feeling very dissatisfied.

• Identify and explain the right of the consumer being violated in the above mentioned case.
• Briefly explain any two points highlighting the importance of consumer protection from the consumer’s point of view.
• The Right to choose has been violated in the given case as Aryan was forced by the shopkeeper to buy a particular brand of chocolate. According to the Right to Choose, the consumer has a right to choose from a variety of products at competitive prices. Also, the marketers should offer a wide variety of products to buyers.
• Consumer Ignorance: In order to remove their ignorance, it is essential that the consumers are made aware of their rights and responsibilities.
• Widespread Exploitation of Consumers: In pursuit of higher profits the businessmen are likely to resort to unfair trade practices like charging higher price, selling adulterated products, deficiency in services etc. Thus, there is a need to curb this kind of widespread exploitation of consumers.

Question 14. Geeta goes to a doctor to get herself treated for an injury in her hand. The doctor being her distant relative charged her nothing for the treatment. However, after a few days she develops an infection on the wound because the doctor didn’t use sterilised instruments. Later on, she is advised by the surgeon to get the infected finger removed. Therefore, she is very angry with the doctor. In context of the above case: Can Geeta file a case against the doctor if she decides to take a legal action? Why or why not? Give a reason in support of your answer. Answer: No, Geeta cannot file a case against the doctor because she is not a consumer because she didn’t pay for the services.

Question 15. Abhishek bought a bottle of disinfectant spray from the nearby market. It had a knob which was to be opened in a particular way. However, there was no instruction on its package in this regard. Therefore, when he tried to open the knob in a casual way, some of the spray flew in his eyes. This affected his vision. In context of the above case:

• Name the rights of consumer being violated by the company.
• State any two directions which the consumer court can issue to the company after being satisfied with the genuineness of the complaint.
• The two rights of consumer being violated in the above case are Right to information and Right to safety.

Question 16. Ved purchased some medicines worth Rs. 1000 for his wife from a chemist in the nearby market. But, he didn’t take the cash memo for it from the chemist. After taking those medicines the condition of his wife deteriorated and she had to be hospitalized. Later on through a laboratory test it was certified that the medicines were spurious.

• Can he file a case against the chemist? Justify your answer with the help of a suitable reason.
• State any two values which are lacking in the chemist.
• No, he cannot a case against the chemist as he didn’t take the cash memo for it from the chemist. A cash memo is the conclusive proof of the purchase of goods.
• Trustworthiness.

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Celebrating 20 Years of IP Excellence

Indian consumer protection cases recap – 2021.

In this post, we bring to you a recap of important Consumer Protection cases of Year 2021

The Bombay Dyeing  Vs. Ashok Narang and Anr.

In this case, the Appellant, The Bombay Dyeing and Manufacturing Company Ltd was the builder-promoter whereas Mr. Ashok Narang and others were the allotees/buyers of the flats. It was agreed by the Parties that the possession would be delivered by 2017 at a 20:80 scheme consideration (20% initially and 80% at the time of delivery), in which the Respondents had already made payment of 20% in 2012-13 inclusive of tax and premium. The appellants failed to deliver the flats for possession on the stipulated time and extended it by 2 years. Thus, the Respondents filed a complaint u/s 31 of the Real Estate (Regulation and Development) Act, 2016 (“2016 Act”) before the Authority citing breach u/s 12 read with S. 18 of the 2016 Act seeking cancellation of the allotment and also a refund of the amount they had paid. The Authority did not pass any order regarding the refund stating that S. 12 did not apply retrospectively, and also that the cancellation should be done as per the allotment agreement. Further when appealed before the Appellate authority, it found that S. 12 of the 2016 Act had a retroactive operation and directed the respondent to refund with due interest and also ordered cancellation of the allotments. Consequently, the Appellants approached the Bombay High Court wherein the Appellant-counsel submitted that the provisions of the 2016 Act were prospective in operation and that the written agreement for sale was also absent due to which no liabilities could be imposed upon it as u/s 18. To this, the Respondent-counsel contended that the application of the 2016 Act to an ongoing project itself indicated that the provisions were quasi-retroactive in nature. Also, regarding the absence of a written agreement, it was argued that the Appellant could not be permitted to raise a new contention for the first time in the second appeal, thus it had waived the right to raise any such claims and that could not be allowed to approbate and then reprobate later on. The Court pointed out that no one should be made to wait indefinitely for delivery of possession and thereby held that there was a deficiency of service and disposed of the appeals with no order as to costs.

Citation : The Bombay Dyeing and … vs Ashok Narang and Anr., Decided by Bombay High Court on 30th August, 2021, available at :  The Bombay Dyeing and … vs Ashok Narang and Anr , visited on 9th September 2021.

Punit Jain Vs M/S. Ireo Grace Realtech Pvt. Ltd.

Mr. Punit Jain, the Complainant, filed a consumer complaint against Ireo Grace Realtech Pvt. Ltd. for making him sign a one-sided agreement concerning the sale of a 1483.28 sq. ft. apartment at 9200/ – per sq. ft. instead of the previously agreed rate of 8750/ – per sq. ft on 16.03.2013. The company also agreed to make the apartment available to the Complainant within 42 months of execution of the agreement 03.04.2014. The Agreement also mentioned a 180 days’ grace period. The Complainant made full payment of the agreed amount of 1,55,17,716/ – Rupees before filing the present complaint against the builder when it failed to complete the construction within the stipulated time period. The Counsel for the builder contended that the Complainant would not be considered as a ‘Consumer’ under Section 2(1)(d) of the Consumer Protection Act, 1986 as he had bought the apartment for a commercial purpose and had also made a similar booking in another project by the builder. It was also argued that there was an arbitration clause in the agreement signed by the complainant. The builder’s counsel further contended that the Complainant was bound by the terms of the agreement on the Basic Sale Price. The Consumer Disputes Redressal Forum held that the present agreement was a one-sided agreement and was an unfair contract. It was stated that the Developer could not compel the apartment buyers to be bound by the one-sided contractual terms contained in the Buyer’s Agreement. The court also directed the builder to pay interest @ 9% S.I. per annum from 27.11.2018 till the date of payment of the entire amount. The court also directed interest @ 12% S.I. p.a. should be paid in case of a default.

Citation: Punit Jain vs M/S. Ireo Grace Realtech Pvt. Ltd., Decided by The Consumer Disputes Redressal on 31st August, 2021, available at:  Punit Jain vs M/S. Ireo Grace Realtech Pvt. Ltd. , visited on 9th September, 2021.

Khatema Fibres Ltd. V. New India Assurance Company Ltd.

The Appellant, Khatema Fibres Ltd., took out a “Standard Fire and Social Perils” insurance policy from Respondent-Insurance Company New Assurance Co. Ltd. for a sum of approx. 42 crores from 7/5/2007 to 6/5/2008, but a fire broke out on its factory premises on 15/11/2007. The firm, M/s Adarsh Associates, appointed by the Respondent ascertained the value of loss as approx. 2 crores upon their investigation. The Appellants felt the assessment of was loss was approx. 13 crores, but the Insurance Company stated that it could give a maximum claim only up to the amount quoted by the firm. The Appellant filed a consumer complaint under Section 21 (a)(i) of the CPA, 1986 before the NCDRC seeking various types of compensation from the insurance company, for loss caused due to fire, financial stress, legal fees, and so on. The Commission allowed payment to the Appellant for 2 crores, which was original amount assessed by Respondents. The present case was an appeal under Section 23, where the Appellant contended that the net weight of the damaged material was not correct. The Respondents made the counter-argument that the surveyor was an expert at his field and did the assessment in a scientific manner. The Supreme Court observed that there were many discrepancies found by the surveyor with respect to documents submitted, wherein one document showed a certain amount of waste paper stock, and the other showed a huge increase in the stock. The Court agreed with the National Commission’s finding that the Appellant was not able to establish deficiency in service under Section 2(1)(g). Thus, the Court upheld the previous judgement because there was no arbitrariness or unjustness exercised by the Commission in granting claim to the extent of 2 crores.

Citation: Khatema Fibres Ltd. vs New India Assurance Company Ltd. & Anr., Decided by The Supreme Court on 28th September, 2021, available at:  Khatema Fibres Ltd. v. New India Assurance Co. Ltd. (2021) /, last visited on 4th October, 2021.

This post is brought to you by BananaIP’s Consulting & Strategy Department.

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BananaIP’s Consulting & Strategy Department has the experience of helping companies use IP for business and competitive advantage. Companies regularly seek their assistance, advise and opinions on identifying/mining inventions and creations, conducting IP audits, protecting IP assets appropriately, launching risk free products, managing litigation for business benefit, resolving disputes out of Court, making money out of IP, enforcing IP, and licensing transactions. If you have any questions, or need any clarifications, please write to [email protected] .

Please note that these case updates have been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the decisions published in the bulletin. You may write to [email protected]   for corrections and take down.

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The Top 10 Consumer Court cases and Trails in India – Complete List

Buying goods and services is an inevitable part of our daily lives and problems might occur from the vendors who deliver these goods and services. Below are the top 10 consumer court cases curated for the readers:

Top 10 Consumer Court Cases and Trials in India

1. Dipika Pallikal , a squash champion, and an Arjuna awardee found used her Axis Bank Debit Card in a hotel at Netherlands’ Rotterdam which failed. She had 10 times the bill amount in her account at that time. The bank said the incident was a case of ‘Force Majeure’ (an act of God/ something beyond the control) and returned a cheque of ₹1 lakh issued to her by the government of. Dipika approached the consumer court in Chennai against Axis Bank

Court judgment:

The court found that there was a deficiency of service on the part of the Axis Bank and directed the bank to pay a compensation of ₹5 lakh and ₹5000 as expenses.

2. Poonam Verma v Ashwin Patel & Ors: In this case, the respondent who is a homeopathic doctor, prescribed allopathic medicines for the treatment of a patient who did not respond to the medicine well and subsequently died. Based on the fact that the respondent was qualified and registered to practice under Homeopathy only,

It was found to be in violation of the statutory duty not to practice Allopathy under section 15(3) of the Indian Medical Council Act, 1956. Respondent’s act was held to be actionable negligence was ordered to pay a compensation of three lakhs.

3. A tea vendor, Rajesh Sakre , is an example of this who had ₹20,000 in his State Bank of India account and he withdrew ₹10,800. On his next visit to the ATM, he realized all his money was gone. When he asked the bank authorities they blamed it on him for the fault.

So, he went to the District Consumer Disputes Redressal Forum with his grievance and as he couldn’t afford a lawyer he argued the case himself.

Court Judgement:

The forum ruled in his favor and ordered the State Bank of India to return the ₹9,200 with 6% interest also to pay ₹10,000 as compensation for mental anguish and ₹2,000 for the legal expenses.

4. Baglekar Akash Kumar who was a 19-year-old got a book online and when it was delivered, he noticed that there was no MRP printed on it. He browsed the internet and saw that the book was sold at different prices at different places after which he went to the consumer forum and filed a case against Penguin Books India Pvt. Ltd and the paper company.

The court held non-publishing MRP on the product without a valid reason is ‘unfair trade practice’. MRP ensures that a consumer is not overcharged for the product. So, it is mandatory for companies to print MRP and the publishers were asked to print the retail price on the book Akash was awarded ₹10,000 as compensation and ₹2,500 as costs.

In any consumer court case, the bills and similar legal paperwork are the most powerful and useful weapons for lawsuits. This is why it’s important that you keep hold of the bills carefully. For this you can ask for our agents’ help who are experts in preparing, managing, and overtaking legal paperwork. At DailyFiling, we have consultants who are experienced with all sorts of lawsuits like income tax consultants , GST consultants , company registration agents, and more.

5. Mr. Kondaiah from Andhra Pradesh noticed that Sarvi Food Court charged him ₹40 for a water bottle where the MRP was actually ₹20. He filed his case against them in the District Consumer Disputes Redressal Forum for ‘unfair trade practice’. He supported his claim by producing the bill of the bottle.

The court decided in favor of Mr. Kondaiah and said that the practice is unjustified and Mr. Kondaiah was paid a compensation of ₹20,000, ₹20, and ₹5,000 for the costs.

6. Rajesh Rajan from Ahmedabad bought a Pepsi from a local store and found a gutka floating in it. He sent a legal notice to the Pepsi company immediately and approached a Consumer Dispute Redressal Forum and demanded compensation of ₹5 lakh for the same.

Court Decision

The consumer forum passed an order in favor of Rajesh Rajan and directed the company to pay a total of ₹4008 which on being low was later paid ₹20,000 as compensation and ₹2000 towards costs.

7. In the year 2015, K Chaathu complained against Indulekha (beauty product manufacturers) and Mammootty (an actor who was the brand ambassador of the company) for displaying misleading ads. The ads claimed that people using the soap will become ‘fair’ and ‘beautiful but the 67-year-old didn’t become fair or beautiful.

Indulekha paid Chaathu ₹30,000 in an out-of-the-court settlement while the initial claim of Chaathu was ₹50,000.

8. A person bought a house after researching and pooling hard-earned money and paid to the developer who promised to deliver within 42 months but even after 4 years the construction wasn’t started. So the two people decided to move the National Consumer Disputes Redressal Commission (NCDRC) for it.

The real estate developer was asked to refund the money with a simple interest of 9% per annum. They were awarded a compensation of ₹50,000 each.

You might also read “ How to have a mutual divorce in India ?”

9. 10 iPhone 5S Gold for ₹68 + ₹10,000 LIn 2014, Nikhil Bansal (a student) saw this unbelievable offer on the Snapdeal on iPhone which was quoted for Rs68000 (a discount of ₹46,651) and ordered it immediately. Upon receiving an order confirmation later the order was canceled stating it to be a technical glitch.

The court ruled in his favor and asked Snapdeal to deliver him the iPhone for ₹68 and asked to pay a compensation of ₹2,000 and when Snapdeal appealed this order, the compensation got raised to ₹10,000.

10. Om Prakash’s truck was stolen , and he filed a claim for compensation. The truck was taken on March 23, 2010, the police report was submitted on March 24, 2010, and the insurance claim was filed on March 31, 2010.

The insurance investigator was dispatched to verify the authenticity. The claim for Rs. 7,85,000/- was approved, however the money was never provided to Om Prakash. When he inquired about it, the insurance company responded that there had been a breach of terms and conditions:

“immediate notification of the vehicle’s loss or theft to the insurer”

While the consumer courts rejected his claim, the Supreme Court ruled in his favour. It was decided that insurance companies cannot avoid paying claimants if they have a valid justification for doing so, and the company was ordered to pay the Appellant a payment of Rs. 8,35,000/- plus interest at 8% per annum, as well as a compensation of Rs. 50,000.

These were a few cases to educate us to get rid away of the hesitation of approaching the court for a wrongful act and avail for our right as informed consumers.

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Top 5 Milestone Consumer Cases in India that Every Consumer Should Know

We buy products and services on a regular basis. From fundamental essentials such as food and clothing to services like banking and education, we rely on companies and organisations to live comfortably in the modern world, and we pay them with our hard-earned money. However, businesses may occasionally fail to provide high-quality services or products. Many people are aware that consumer courts and regulations exist to protect consumers in such situations. Have you ever thought about who goes to such courts and what kinds of cases they hear? You'd be shocked how simple these situations may be. So, here are five fascinating consumer complaint cases for your knowledge:

1. Banks can't always claim "technical difficulties" as an excuse

We have become so reliant on banks. Most of our transactions are now digital, and we rely largely on banks for them. Have you ever had a transaction fail because the server was down or there were other issues?

Ms Dipika Pallikal, a squash champion and Arjuna awardee, was caught off guard when her Axis Bank Debit Card failed in a hotel in Rotterdam, Netherlands. At the moment, she had ten times the bill amount in her account. She suffered a loss of reputation and shame as a result of this. According to the bank, the situation was caused by "Force Majeure" (an act of God/something beyond their control).

Aside from that, the bank had also returned a 1 lakh cheque issued to her by the Indian government, blaming it on a technological error.

Dipika filed a consumer complaint with the Chennai Consumer Court against Axis Bank.

Court Ruling

The court found that Axis Bank had provided inadequate service and ordered the bank to pay a compensation of Rs 5 lakh and expenses of Rs 5000.

The Key Takeaway

Banks are similar to any other type of service provider. We entrust them with our money, and they must deliver on their promises. Customers cannot be made to suffer because of "technical issues" or "force majeure."

2. Insurance claims cannot be denied based on technicalities alone

We pay a fee and receive insurance to protect us against unforeseeable losses. Many people, unfortunately, have had negative encounters with insurance companies. For example, Mr Om Prakash had his truck stolen and claimed insurance for it. The truck was taken on March 23, 2010, the police report was submitted on March 24, 2010, and the insurance claim was filed on March 31, 2010.

The insurance investigator was dispatched, and he validated the validity of the claim. The claim was authorised for a total of Rs 7,85,000.00. However, Mr Om Prakash was never given the money. When he sent a legal notice to the insurance company, they responded that there had been a breach of terms and conditions:

“immediate information to the Insurer about the loss/theft of the vehicle”

Om Prakash was late in applying for insurance since he was detained by the police while attempting to collect his vehicle.

While the consumer courts rejected his claim, the Supreme Court upheld his appeal and ruled in his favour. Insurance firms cannot avoid paying claimants on technical grounds, according to the ruling. Particularly when the claim has good justification.

The court ordered the Respondent firm to pay the Appellant Rs 83,5000 plus interest at the rate of 8% per annum. He was also given a monetary prize of Rs 50,000.

The Key Takeaway 

Many decisions have been taken throughout the years to guarantee that insurance firms are held accountable and do not avoid paying valid claims. If you have a similar problem with your insurance provider, you can file a complaint with the consumer court.

3. Tired of Skin and Hair Care Products Making False Claims? 

Perhaps you are not yet exhausted or are too tired to question. However, a 67-year-old guy from Kerala's far reaches was fed up with the company’s constant lies and how they got away with it.

In 2015, Mr K Chaathu filed a complaint against Indulekha (a beauty product maker) and Mammootty (the company's brand ambassador) for running misleading advertisements. The soap's tagline was 'soundaryam ningale thedi varum,' which means 'beauty will seek you out.' The advertising also stated that anyone who used the soap would become 'fair' and 'beautiful,' but the 67-year-old did not. Amusing isn't it?

Court Ruling 

Indulekha paid him 30,000 in an out-of-court settlement, but Chaathu's original claim was for 50,000. When asked about this, he stated that the lawsuit was never about the money, but rather about how these corporations place commercials with fraudulent claims on a daily basis. And it's not acceptable to allow these individuals to get away with it.

Because advertisements are created to sell items, exaggeration of outcomes is all too prevalent. However, making false promises only for the purpose of selling things is not acceptable. 

4. Is there no MRP on the product?

Mr Baglekar Akash Kumar, a 19-year-old, received a book and Rs 12,500 as a result of the book. How? He ordered the book online, but when it arrived, he discovered that it didn't have an MRP on it. He looked on the internet and discovered that the book was available at various costs in several locations.

So he filed a complaint with the consumer forum against Penguin Books India Pvt. Ltd.

The court ruled that failing to display the MRP on goods without a valid cause is an "unfair trade practice." MRP exists to ensure that a customer does not pay too much for a product. As a result, printing MRP is required for businesses.

Akash was given Rs 10,000 in compensation and 2,500 in costs and the publishers were asked to print the retail price on the book.

Companies are required by law to include MRP on all products. If you notice a product that does not have an MRP, it is a breach of Consumer Protection Laws, and you have the right to sue.

5. Not All Freebies Are Accepted

Imagine buying a Pepsi and discovering a package of gutka floating in it! When Mr Rajesh Rajan of Ahmedabad bought Pepsi from a neighbourhood store, this occurred to him. He promptly complained against the corporation with a legal notice and contacted a Consumer Dispute Redressal Forum.

Furthermore, he alleged that there was a service flaw that could have put his health at risk. He requested Rs. 5 lakh in compensation for the incident.

The consumer forum ruled in Mr Rajesh Rajan's favour, ordering the corporation to pay a total of Rs 4,000 to him (Rs 4,000 for compensation and Rs 8 for the Pepsi he bought).

Rajesh filed a complaint with the State Consumer Dispute Redressal Commission, claiming that the compensation of Rs 4008 was insufficient and that he had spent Rs 500 on sample testing. The State Commission considered Rajesh's argument reasonable and ordered the corporation to pay Rs 20,000 in compensation and Rs 2,000 in fees.

Not all freebies are acceptable! If you uncover something in your food (packaged or not) that isn't supposed to be there or could be damaging to your health, the supplier has failed to offer adequate service. Take them to one of the Consumer Court.

A lot of people fail to file a complaint because they are seldom not aware of the legalities and process involved or about their basic consumer rights. Online Legal India helps them not only file their consumer complaints but also helps them in understanding the process involved in a simple manner. If you want to file in the consumer court then contact Online Legal India today.

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