Indian Legislation on E – Commerce and Consumer Protection Rights

Abstract

In the modern age, electronic contracts are witnessing considerable expansion, especially in India. This
paper underscores the systems established to protect consumer rights and interests, as a growing number of
consumers find themselves susceptible to various forms of unfair trade and unethical business practices. The main
aim of this paper is to evaluate the effectiveness and sufficiency of the existing Indian legislation that regulates
various commercial transactions involving consumers and their enforceability. Moreover, it seeks to identify and
discuss specific challenges that emerge in electronic contracts, such as defective or dangerous products, unfair
contract provisions, inadequate services, security and privacy issues, and payment complications, while assessing
whether current laws adequately tackle these challenges. Additionally, the paper presents an overview of the
Consumer Protection (E-Commerce) Rules, 2020, including the penalties for noncompliance. In this context, the
author intends to explore how the judiciary addresses consumer protection rights to provide safeguards and
remedies for consumers participating in electronic transactions. The author endeavors to address the significant
rulings of the Higher Courts, which have provided valuable guidelines over time. Additionally, the paper discusses
the challenges associated with determining jurisdiction in the context of electronic contracts. It also examines
contemporary issues that have emerged in the post-Covid era, highlighting the absence of legislative measures in
this area, as well as other ambiguous aspects where the law remains silent in instances of online fraud perpetrated
against consumers. This analysis aims to shed light on these critical topics and their implications for legal practice.