Consumer Rights In Digital Era

INTRODUCTION

According to the Consumer Protection Act, Consumer Rights are defined as ‘The right to have information about the quality, potency, quantity, price, and standard of goods or services'. As it may be the case, the consumer is to be protected against any unfair practices of the trade. Also, it is very essential for consumers to be aware of these rights. For protecting the rights of the consumers, the first step is to create awareness about consumer rights and keeping this in view, we celebrate ‘The World Consumer Rights Day’ every year on 15th March.

This is the time of the digital era, and E-commerce markets are growing day by day which is good for consumers because it provides tremendous opportunities but also challenges the consumer rights protection. In India, there are laws to protect the rights of a consumer, but the question is that are the existing laws sufficient in protecting consumer rights in today’s digital era, and especially when we focus on e-commerce or online contracting?

There are various agencies and departments of consumer affairs and they all are creating awareness about consumer rights because it is the prime duty of the government because how will they be able to protect themselves as a consumer when they are not aware of their own rights? Other than these, the ‘Consumer Protection Act, 1986’ and consumer courts are available to provide aid to the sufferers.

GROWTH OF E-COMMERCE & INTERNET USERS

According to a world survey, in 2016 around 40% of the world population has access to the Internet and about 10% of the population in underdeveloped nations also has access to the internet. It is expected that by 2020, 52% of the world population will have access to the Internet.

E-commerce has transformed the way business is done in our world, and especially in India. The Indian e-commerce market is expected to grow up to the US $200 billion by 2026. The growth of the industry has been triggered by increasing internet and smartphone penetration. The ongoing digital transformation in the country is expected to increase India's total internet user base to 829 million by 2021 from 636.73 million in FY19. India's e-commerce revenue is growing at an annual rate of 51%, the highest in the world (Indian E-Commerce Industry Report, 2019). The E-commerce market size is increasing in the world because of cheap access to the Internet and online markets like Flipkart, Amazon, Snapdeal, Paytm mall, etc.

CONSUMER RIGHTS

Some basic rights to a consumer are given below:

Right to Safety- The consumer’s right to safety is for protection against the marketing goods and services, which are hazardous to life and property. Consumers should preferably purchase a quality marked product that has ISI, AGMARK and other similar authority marks.

Right to Choose- It is in the hands of the consumer to choose from the variety of goods and services at competitive prices. In the case of monopolies, it means the right to be assured of satisfactory quality and services at a fair price.

Right to be Informed- The consumer has the right to know about the quality, quantity, potency, purity, standard and price of goods so that they can protect themselves against unfair trade and practices.

Right to Consumer Education- The right of the consumer to know things and acquire knowledge and skills for understanding these things in a specific manner so that he/she could be an informed person. Ignorance of the consumer particularly amongst rural consumers is mainly responsible for their exploitation. Consumers should know their rights and must exercise them. Real consumer protection can be achieved only with success in the general traditional markets as well as in the e-commerce market.

Right to be Heard- When a consumer feels exploited; he has the right to approach a consumer court to voice his complaint. This right gives him due respect that his complaint will be duly heard. The right empowers consumers to fearlessly voice their concerns and seek justice in case they are exploited.

Right to seek Redressal– The right to seek compensation due to damages caused by unfair means or trade practices and exploitation. Consumers have the right to get their claims settled in favor if they are cheated or exploited.

CONSUMER PROTECTION ACT, 1986 AND OTHER RELATED ACTS

CPA, 1986 was introduced for better protection of the interests of consumers and for the establishments of consumer councils and other authorities for the settlement of consumers' disputes and for matters connected to them. CPA, 1986 works to protect and safeguard the rights of consumers against deficiencies and defects in goods or services. This act also seeks to secure the rights of the consumer against unfair or restrictive trade.

There are other acts as well which are related to consumer protection like the Indian Contract Act, 1872 which mentions the principle of invitation to offer and acceptance are applicable for an online offer and online acceptance. The other one is the Information Technology Act, 2000 which also helps the consumers to get the justice they deserve.

CONCLUSION

The only way to safeguard the rights of the consumer is to make them aware of their rights so that they can use their rights for their benefit. If the New Consumer Protection Bill, 2015 becomes law, consumers get protection in respect of both offline and online transactions and the reference of the IT act is also made. It also fixes responsibility on manufactures for deficiency in product quality. Let’s hope that the new consumer protection bill will regulate E-commerce transactions and protect consumer’s rights against misleading advertisements, defective goods or delayed refunds.

This is the time of the digital era and the online markets will replace the offline market sooner or later and so this becomes the duty of the state to make the consumers about his rights related to consumer protection and make stricter laws.

[Author Alok Kumar is a 3rd Year student at Maharaja Agrasen Institute Of Management Studies]

1. Ministry of commerce and industry, the government of India, E-COMMERCE Industry in India, https://www.ibef.org/industry/ecommerce.aspx
2. Consumer Online Foundation, Consumer Rights in India, http://www.jagograhakjago.com/consumer-rights/
3. Department of Consumer Affairs, Consumer Rights and Responsibilities, http://vikaspedia.in/social-welfare/social-awareness/consumer-education/consumer-rights
4. GS Rao, Consumer Rights in the digital era, https://www.google.com/amp/s/www.lawyersclubindia.com/amp/articles/Consumer-rights-in-the-Digital-era-8065.asp
5. Elisabeth Rhyne, Consumer Protection, Responsible Digital Finance, https://www.centerforfinancialinclusion.org/consumer-protection-in-a-digital-age
6. How do we protect consumer rights in the digital age, https://news.cgtn.com/news/3d3d514e30597a4d33457a6333566d54/index.html
7. Consumer organizations and NGO's, consumer protection act, https://www.toppr.com/guides/business-studies/consumer-protection/consumer--act/, Abstract- in the time of digital era the rights of the consumer’s needs to be protected and for that state must aware the consumer’s about their rights.