Legal aspects online consumer protection and e-commerce regulations Venkata Bhavya Legal Article Sat, Jun 24, 2023, at ,12:22 PM Introduction: - The Consumer Protection Act was implemented in 1986. This act came into existence to compensate the consumers for their losses. This act gives right to consumers to fight for their goods and services in case of faulty.This act covers all goods and services of public, private and corporate sectors except those released by central government.Now-a-days due to broad development in technologies the consumer can use the online for their personal benefits of day-to-day life as shopping, banking, food delivery, medical needs etc. To protect the consumers online many legal laws were made. So that consumer can’t fall prey to frauds, scams or any other illegal activities as hacking that led them to privacy risk.Legal aspects of consumer protection are: -Rights of consumers are: -Right to safety: -The consumer has right to enquire about quality and guarantee of goods. The good the consumers are about to purchase should have a certified markers ISF or AGMARK etc.Right to choose:-Consumers should have right to choose variety of goods in competitive price.Right to be informed: - The buyer should inform details of the product which they what supposed to purchase.Right to consumer education: -Consumer has to be aware of their rights to avoid exploitation of sellers because ignorance pays price.Right to be heard: - The consumer problems have to be heardRight to seek compensation: -Consumers will have right to see compensation against exploitation and unfair trade.Responsibilities of consumer are: -Caveat emptor: -Buyers should be aware about the product which he/she were supposed to purchase To think independently :- Consumers should have their own independent choices on what they want. To complain: - It is the duty of the consumer to file a complaint or dissatisfaction of goods in a sincere and good manner. How to file a complaintThe consumer has to file a complaint within two years of product which he had purchased in that complaint there should be a detailed information of faults in product. The product can be exchanged or replaced by another product but you can get compensation on mental and physical torture. The product related bills should be attached in complaint. A written complaint has to be sent to consumer forum through mail or post or hand delivered. complaint can be in any language. A lawyer need not to be hired. All the document details have to be kept safe. E-commerce regulationsE-commerce is a method to business electronically due to growth of online consumers lawmakers developed laws and policies to sustain safety of consumers. As without the legal protection for consumers they fall prey to scams, fraud which led them to financial, personal details and privacy at stake.E-commerce includes all Internet-based transfers as purchasing goods, receiving services, payment facilities supply chain, service management etc.The e-commerce regulation set on as how to communicate with their website users which include display of terms and conditions detailed view on price delivery charges etc.The laws made through e-commerce are: - Consumer protection (distance selling) regulations 2000: - The aim of this act is to protect consumers right on online selling. Privacy and electronic communication regulations 2003: - This is regarding the users of cookies and direct marketing in commercial communications. Other regulations are Equality Act 2010 Employment relations act 1996, Consumer contract regulations 2013 and Health and Safety at Work regulations 2002 etc. Types of consumer complaints: - Every person had the right to file the following consumer complaint under consumer protection law were: - E-commerce complaints: -E-commerce transactions is purchasing and trading goods through digital network or electronic medium. This online process includes production, distribution, marketing, sale or delivery of goods and services by electronic means.E-commerce online shopping websites as Myntra , Meesho, Ajio made their online services as their work for income . They were liable if consumer rights were infringed. The major changes brought by Consumer Protection Act 2019 is to lay down rules to e-commerce entities.Those rules include the below points as: - E-commerce institution has to respond within 48 hours date of filing a complaint. Complaint can be made anywhere need not to be of purchase place or purchase website. The online websites of e-commerce have to display details of traders as their legal name, current address, contact number etc. This institutes can't manipulate goods prices as they can’t adapt illegal and unfair methods to sell their products.They can’t overestimate the quality of goods by creating fake reviews. The law mandates the protection of consumers personal information and details. Complaint about misleading advertisements: -An advertisement is a publicity made through social media, newspapers, posters, banners, television pamphlets etc. A mislead advertisement of some goods and services that led to customer to purchase then such advertisements can be sued for deceiving the consumers.Complaint about unfair trade practices: - Unfair trade has a lengthy definition in consumer protection law regarding fake statements of quality and quantity of second-hand goods as new product. Such results to several law suits as changing labels to extend expiry, changing the old product into new products by replacing it in new packets etc.Complaint about Restrictive trade practices: - Restrictive trade practises or those who receive the prices of delivery goods that affect supplies in market. This causes hardship for consumers due to unfair Costs or restrictions. These practices are made as fixing price dealing specifically with some claims etc.Complaint about defective goods: -Defective goods are known to be imperfect either in quality or quantity standard which required to be maintained by trader under laws as rotten vegetables, disabled machineries etc.Complaint about spurious goods: -Spurious goods are those which are falsely claimed as genuine, real, original products. But such goods are actually duplicate, cheap and inferior quality. For example, the brand names of bags, clothes, furniture be duplicate the customers feel it as brand products but the customer failed to identify the difference between second -hand, duplicate and real brand products. Charging about MRP (maximum retail price): - seller charges more than MRP present on goods as the name such as cooling charges of cool drinks water, customer charges, delivery charges etc. This is violation of consumer rights.Complaint about food: - FSSAI licences law include problems related to food as packaged food, expired food, missing ISF or FSSAI licences etc. This act appears when food is unhygienic or rotten it can be connected to food safety portal.Consumer complaint against E-commerce platforms: - Consumer can complaint against E-commerce platforms as any person who operates the platform by offering goods and services for trading online.The E-consumer has separate rules in India this rule applicable to commercial business not individual in their personal capacity as Amazon, Flipkart, Meesho, Myntra , Ajio, Zomato and Swiggy etc. The product liability of E-commerce extends beyond India it means these platforms are equally liable throughout and beyond India Liabilities of E-commerce platforms are: - Price manipulating on sites Negligence in service and discrimination against customers. Misleading advertisements, unfair trade practises and inaccurate descriptions etc. Refused to refund on defective product. Failure to provide warnings and restrictions on products. False description and violations of originality product and images of goods on their platform. Complaining to E-commerce platform: - The E-commerce platform has to establish a Grievance Redressal Mechanism and to appoint a Grievance officer for consumers to address their problems. The platform has to display the Grievance Redressal Mechanism. The Grievance officer must accept complaint within 48 hours and try get remedy of it within one month. Procedure to file E-complaint using Internet: - The department of consumer affairs launches portal as Integrated Grievance Redressal Mechanism (INGRAM) as bringing a group of people as one single platform to help and create awareness about rights and inform the responsibilities. Consumers can register it through online portal as by taking step by step instructions given below: - Check in you are consumer under law. Register in INGRAM portal. As the consumer has to enter the details of name address about product and its dispute. And relief of what they expect from their complaint. Go to web portal click login link & sign up for verify through e-mail. Pay fee Track application Consumer quote or forums: - Through INGRAM portal grievances address of issue suits pending then consumer can approach consumer quota forums with help of lawyer. Only complaints filed within two years since dispute arose for hearing at consumer disputes redressal commission.Every complaint filed under consumer law need nominal fee to be paid in demand draft by nationalised bank through portal order online procedure.Conclusion: - The main objective of the Consumer Protection act is to provide good products to the consumers without fraud, second-hand and duplicate products. The consumers have right to know purity, quality, quantity of products.