Can we sue e-commerce sites for not providing orders?

Can we sue e-commerce sites for not providing orders? | You can file a complaint in consumer court with the help of a professional consumer rights advocate. 

Any of the following consumer venues can be used to make a consumer complaint: The District Consumer Dispute Resolution Commission (DCDRC) is a non-profit organisation dedicated to resolving consumer District CDRCs can handle cases with a total value of less than Rs. 25 lakhs.

Can we sue e-commerce sites for not providing orders?

What are the five laws that safeguard consumers?

A variety of federal and state laws govern consumer issues in the United States. Among these are the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Truth in Lending Act, Fair Credit Billing Act, and Gramm–Leach–Bliley Act.

 

What are the eight essential consumer rights?

The following are the eight consumer rights: The right to basic needs fulfilment — to have adequate food, clothing, shelter, health care, education, public utilities, water, and sanitation.

 

What does the Consumer Protection Act of 2019 entail?

The Act of 2019 established the Central Consumer Protection Authority (CCPA) to handle matters involving consumer rights violations, misleading or false advertisements, unfair commercial practices, and consumer rights enforcement. The federal government will appoint the members of the CCPA.

 

What is the purpose of Consumer Protection Act No. 10?

Consumer complaints are easily and quickly compensated under the Consumer Protection Act, which was enacted in 1986.It protects and encourages customers to speak up about product and service flaws and shortcomings. If traders and manufacturers engage in illegal trade, this statute safeguards consumers' rights.

 

What are the seven rights of a consumer?

(7) The Right to the Most Basic Needs: Food, clothing, shelter, energy, sanitation, health care, education, and transportation are all part of it. Consumers have the right to have their basic needs met.

 

 Can we sue e-commerce sites for not providing orders?

 

What is the definition of Section 2 29 of the Consumer Protection Act of 2019?

29. The Central Government may provide rules governing the qualifications, manner of recruitment, appointment procedure, term of office, resignation, and removal of the President and members of the District Commission through notification.

 

Rama Sunder ordered a Dell laptop from a prominent Indian e-commerce website three years ago. The laptop had a 'offer' on it, which was for Rs 27,000 instead of the typical Rs 40,000.

"It was brought to my office, but I didn't open it until I got home." I was surprised to learn that the laptop was not made by Dell at all, but rather by an unnamed firm.

It also didn't have the Microsoft operating system installed, as stated in the product description," Rama adds.

She was transferred to multiple customer service executives when she called the e-commerce company's customer service number. "They'd issue me a complaint number and said I'd be notified of the action taken in around seven days."

There would be no communication from them after that. This carried on for a month and a half, according to Rama.

She couldn't find a grievance officer in charge of resolving complaints even after she went to the company's office. "In the end, I gave up and opted to continue using the same laptop." "I paid an extra Rs 2500 to get the OS installed myself," Rama explains.

She also recalls a similar experience her brother had when the shoes he got from an e-commerce site turned out to be significantly smaller than the site's description.

Because of its convenience and breadth of alternatives, online shopping has become increasingly popular in cities. Buyers, on the other hand, are frequently unhappy or defrauded.

According to M.V.R. Prasad, a consumer law and e-commerce lawyer, many e-commerce customers have filed complaints with consumer forums and commissions.

Can we sue e-commerce sites for not providing orders?

The most common complaints, according to Prasad, are not receiving a refund or replacement, late delivery, and deceptive promotions.

These complaints are being submitted in accordance with the Consumer Protection Act of 1986; Citizen Matters previously released a tutorial on how to file complaints.

While the Consumer Protection Act covers e-commerce, there is currently no particular e-commerce legislation in India.

What are the laws that govern e-commerce?

1986 Consumer Protection Act

The 2008 Information Technology Amendment Act

Regulatory authorities such as the Reserve Bank of India, the Indian Medical Association (IMA), and others have policies that vary based on the product or service sold.

In circumstances when drugs are sold online, for example, IMA regulations will apply.

When do you consider yourself an e-commerce shopper?

You are an e-commerce consumer if you order a product or service online and pay for it either online or offline. This involves ordering the item via a website, app, or television shopping show.

You are an e-commerce consumer even if you buy from an unregistered entity, such as a Facebook page selling earrings. Products like phones and books, as well as services such as e-wallet and meal delivery, are frequently purchased online.

When purchased online, digital products such as software and online games that are provided under a usage licence — such as MS Office — fall under the category of e-commerce.

Can we sue e-commerce sites for not providing orders?

The e-commerce company from which you purchase may use either an inventory-based or a market-based model. In the former, the product or service is manufactured by the same company and sold online.

Examples include the furniture business Pepperfry's online shopping site and the airline operator Indigo's ticket booking site.

In the market-based model, the e-commerce company acts as a marketplace for numerous companies' products and services. The website serves merely as a conduit for the transaction.

Flipkart and Makemytrip are two instances of online travel agencies.

According to lawyer Prasad, the 'right to be informed' is the most important consumer right under the Consumer Protection Act in the context of e-commerce. As a result, information such as weight, contents, and MRP should be required to be posted on products.

"E-commerce enterprises have a stronger need to provide detailed information because the consumer relies solely on the description to make a purchase." He claims that "the more information a website provides, the more trustworthy it becomes for the consumer."

Safe online shopping advice

Before you buy from an unfamiliar e-commerce company, do some research. If you're unsure, don't buy it.

If you're buying something for the first time from a website, go with cash on delivery.

Read the terms of service and privacy policy before making a purchase, and read the fine print. Here you'll find information like whether your debit card number will be shared with a third party.

Understand the policies on cancellations, returns, and refunds.

Can we sue e-commerce sites for not providing orders?

Ensure that the e-commerce company's customer service information, such as its address, email, and phone number/ helplines, is available.

Understand the product's and warranty's descriptions, and see if the material you require is available in sufficient quantities.

Check that the product can be delivered to your postal pin code before making a payment.

Take a screenshot of the product / service you bought in case the firm changes the price or description of the thing later.

Be wary of statements like "no exchange or refund," "refund processing fees," and so on. Companies are required by the Consumer Protection Act to provide an exchange, return, or refund if a product or service is defective.

Check for an encryption key — a little key symbol – in the payment site before making a payment to guarantee that the transaction is secure.

If you are unhappy with the product, do not tamper with it or use it. To make a complaint, call the e-commerce company's customer service hotline.

At this point, the company may resolve the issue or refer your complaint to the manufacturer/service provider. If the problem isn't fixed at this point, here's what you should do next.

Resolving complaints

According to the Information Technology Act, every e-commerce company must have a grievance officer, whose contact information shall be posted on the corporate website.

Bring your complaint to this officer's attention. Lawyer Prasad, on the other hand, claims that many businesses are unaware of the provision for grievance officials.

Can we sue e-commerce sites for not providing orders?

Some e-commerce businesses have an arbitration policy in place that can assist in resolving the problem.

If none of these alternatives work, get the dealer's and manufacturer's/service provider's names and addresses.

Complain to each of them in writing, clearly outlining the nature of the problem, proof of purchase, and the solution you need. Insist on a written response from them, and set a timeframe for them to respond.

Send the letter via registered mail so that you can receive confirmation of receipt. You can file a complaint with both of these entities since the product problem might have occurred at any point in the supply chain, and either of them could be to blame.

If you have not received a response by the deadline, contact the consumer forum or commission. If necessary, get assistance from a local consumer group. 

E-commerce customers can file complaints at their local consumer forum, according to a Supreme Court judgement from August 2017. The Consumer Protection Act forbids it, but the state of South Carolina had passed the rule for the convenience of internet customers. 

"In certain circumstances, e-commerce corporations that function as intermediaries try to pass on the liability to the manufacturer by claiming that the payment ultimately goes to them," explains lawyer Prasad. However, certain laws, such as those found in the IT Act, compel e-commerce enterprises to undertake due diligence."

Make your case's outcome public so that other consumers are aware.

Many consumer rights organisations work with consumers and government authorities across the country. You can become a member of these organisations to help build the consumer rights movement, or you can seek their assistance in resolving your issue. Here are a few examples.

Can we sue e-commerce sites for not providing orders?

Consumer Care Society, Bangalore. Ph: 080-26713616/ 8618226492 Email: ccsbng@gmail.com, https://aasraa.in/

Grahak Sahayak, NCR. Ph: 9310428285. Email: ramavtarkhosia@gmail.com

Deepalaya, Kolkata. Ph: 9903278064 Email: deepalaya_wb_ngo@yahoo.co.in

Citizen consumer and civic Action Group, Chennai. Ph:044-24994458/ 24660387. Email: helpdesk@cag.org.in

Consumer Guidance Society of India, Mumbai. Ph: 1800-222262, 022-22621612/ 22659715. Email: mah.helpline@gmail.com, cgsibom@gmail.com