An Analytical Study of E-Commerce Rules, 2020

  • Sonia Maan
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  • Sonia Maan

    Assistant Professor at VIPS, India.

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Abstract

Consumer is the king. The interest of the consumer is to be kept at forefront and his rights are required to be protected. With the advent of the information technology, the internet world has evolved tremendously. It continuous to have become a space for trade and commerce, which has led to the development of E-Commerce, that is buying and selling of goods and services over the internet. However, with the presence of the concept of ‘caveat emptor’, that is “let the buyer beware”, the position of consumers become all the more vulnerable. The sellers can easily cheat or do fraud with the buyers and buyers/consumers are left helpless and without any remedy. Keeping this in mind, Indian Parliament enacted the Consumer Protection Act, 1986 that provided for the protection of interest of consumers. Although, prior to the enactment of Consumer Protection Act, 1986, there were certain provisions in the general laws that dealt with interest of the consumers such as Law of Torts, Indian Contract Act, 1872, Sale of Goods Act 1930, The Dangerous Drugs Act, 1930, Agricultural Produce Act ( Grading and Marketing) Act 1937, The Prevention of Food Adulteration Act 1954, The Drugs and Cosmetics Act 1940, The Essential Commodities Act 1955, The Hire and Purchase Act 1972, The Patents Act, 1970, The Trademarks Act 1999 etc. These enactments were enacted to protect the interest of consumers and attracted a civil liability for contravention. This shows that consumer had no other option but to file a civil suit action which is a lengthy and cumbersome process leading to be expensive and time consuming for the consumers. To provide a solution for this, the Consumer Protection Act 2019 came to be enacted along with E- Commerce Rules, 2020 to help consumers in the cyberspace. However, the cyberspace has led to major concerns such as online identity theft, data privacy, website fraud, delay in refunds etc. Therefore, this paper has analysed the E- Commerce Rules, 2020 and discussed some of the key-terms related to E-Commerce.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 3, Page 1886 - 1896

DOI: https://doij.org/10.10000/IJLMH.113234

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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