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Consumers can also complain against unfair trade practices involving digital and other products bought through e-commerce platforms and retailers. Any person who owns, operates or manages any digital or electronic platform offering goods or services for sale, is an e-commerce entity. An e-commerce entity is separately governed by e-commerce rules(( Consumer Protection (E-Commerce) Rules, 2020.)) in India.
These rules are only applicable to professional and commercial businesses and not for an individual acting in their personal capacity(( Proviso to Rule 2, Consumer Protection (E-Commerce) Rules, 2020)). For instance, a consumer can complain against Amazon as it is an e-commerce entity regularly engaged in the activity of sale of goods through its e-commerce website. However, if there are issues with a product on a platform like Amazon, Amazon would be held liable for product liability actions, not the product manufacturer.
Interestingly, the product liability for an e-commerce entity extends beyond India. This means that these platforms are equally liable under the consumer protection law, in addition to their own country’s domestic laws(( Rule 2(2), Consumer Protection (E-Commerce) Rules, 2020.)). For instance, a foreign e-commerce entity such as Liyid delivers its products in India; in case of any harm caused due to defective products, a product liability action can be brought against Liyid in India and in the foreign country.
Liabilities of e-commerce platforms
E-commerce platforms are held liable for the following:
- Price manipulations on their sites,(( Rule 4(11)(a), Consumer Protection (E-Commerce) Rules, 2020.))
- Negligence in services provided and discrimination against customers(( Rule 4(11)(b), Consumer Protection (E-Commerce) Rules, 2020.)).
- Misleading advertisements, unfair trade practices(( Rule 4(3), Consumer Protection (E-Commerce) Rules, 2020)) and inaccurate descriptions/information of products.
- Refusing to refund or return a defective product(( Rule 7(4), Consumer Protection (E-Commerce) Rules, 2020)).
- Failure to provide warnings or instructions with respect to the goods or services availed by a customer(( Section 85(c), Consumer Protection Act, 2019)).
- False descriptions, and violations about the authenticity and images of the goods or services advertised for sale on their platform(( Rule 5(2), Consumer Protection (E-Commerce) Rules, 2020)).
However, they will not be liable if the dangers of the product are common knowledge. For example, if a consumer misuses or alters a dangerous product like flamethrowers then the e-commerce entity cannot be held liable for this(( Section 87(1), Consumer Protection Act, 2019)).
Complaining to E-Commerce Platforms
E-commerce platforms must establish a ‘Grievance Redressal Mechanism’ and should appoint a ‘Grievance Officer’ for Indian customers to get their concerns addressed(( Rule 4(4), Consumer Protection (E-Commerce) Rules, 2020)). The details about the Grievance Redressal Mechanism must be displayed on the e-commerce platform. The Grievance officer must acknowledge the complaint within 48 hours and address the concern within a period of one month(( Rule 4(5), Consumer Protection (E-Commerce) Rules, 2020)).
Mrinal Hazarika
August 21, 2024
On 10-08-2024 I have purchased one Samsung S24 ultra mobile from Reliance Digital situated at City Center Guwahati using my Bajaj Finserv EMI card. At the time of my purchase agent of Bajaj Finserv who processed my loan application told me that since my loan amount is above 1lakh and I am using credit card so I am eligible for cashback of Rs 5000/- and accordingly she opened my Bajaj Finserv wallet and debit Rs 1 from my credit card and told me to check my wallet regularly and my Cashback will be credited in my wallet within 1 week. But at time of my purchase neither Finserv agent nor dealer give me any written communication for the cashback and I also don’t if seuch kind of written communication is provided for cashback. But when I have not received the cashback I lodge a complain at Bajaj Finserv and ask them for the cashback they first told me that cashback offer was not applied at the time of my purchase then they told me that they were unable to process my cashback offer if any written communication was given by the dealer they ask me to submit it for processing of my cashback then again they told me that their backend office confirm that I was not eligible for the cashback. Now I am asking them two simple question if I was not eligible for the cashback then why one rupee was debited from my credit card, why their agent opened my wallet and ask me to regularly check my wallet for the cashback and assured me that my cashback will be credited in my wallet within a week and finally I ask them what is the eligibility criteria for cashback for credit card users. Despite my repeated request they still not giving me the satisfactory answer. I am cheated by this company. Their agent adjusted Rs 13,819 rupees of my down payment money against repair and maintenance charge without taking prior consent from me neither verbally nor in written. Please help me in this regard and take appropriate action against them. Please do justice with me. This is an act of breaching of my thrust. Kindly help me sir. I am feeling very helpless.