Lok Sabha Question No. 2754 (UNSTARRED), answered on 2024-08-07
Subject: e-Commerce Regulations
Ministry: CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
Asked by: Shri Kota Srinivasa Poojary

## Government of India

## Ministry of Consumer Affairs, Food and Public Distribution

## Department of Consumer Affairs

## LOK SABHA UNSTARRED QUESTION NO. 2754

TO BE ANSWERED ON 07.08.2024

## E-COMMERCE REGULATIONS

## 2754.   SHRI KOTA SRINIVASA POOJARY:

Will the Minister of CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k ea=h be  pleased  to state:

- (a) the provisions for regulating e-commerce in view of the rapid development of e-commerce leading to new challenges for the consumers;
- (b) whether it is a fact that consumer rights and protection with respect to e-commerce transactions are not effectively being dealt within the existing Consumer Protection Act;
- (c) if so, the details in this regard alongwith the steps taken by the Government to protect the rights of econsumers and prevent unfair trade practices;
- (d) the manner in which the Government is planning to address the issues such as the place of business, jurisdiction, non-availability of common dispute resolution system etc.; and
- (e) the salient features and significance of Consumer Protection Act, 2019?

## ANSWER

## miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k jkT; ea=h (श्री बी.एल. वर्मा )

## THE MINISTER OF STATE

## CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (SHRI B.L.VERMA)

(a) to (e)  :   With a view to modernize the framework governing the consumer protection in the new era of globalization, technologies, e-commerce markets etc Consumer Protection Act, 1986 was repealed and Consumer Protection Act, 2019 was enacted.

The Consumer Protection Act, 2019 provides for a three tier quasi-judicial machinery at District, State  and  Central  levels  commonly  known as 'Consumer Commissions' for protection of the rights of consumers and to provide simple and speedy redressal of consumer disputes including those related with unfair trade practices.

Salient features of the Consumer Protection Act, 2019 are establishment of a Central Consumer Protection Authority(CCPA); simplification  of the adjudication process in the Consumer Commissions; filing  of  a  complaint  by  a  consumer  in  the  Consumer  Commission  having  jurisdiction  over  the complainant's  place  of  residence/work  or  where  the  cause  of  action  arises,  or  the  place  of  business  or residence of the opposite parties; virtual hearing; deemed admissibility of complaints if admissibility is not decided within 21 days of filing; provision of product liability; penal provisions for manufacture/sale of adulterated products/spurious goods; provision for making rules for prevention of unfair trade practice in e-commerce and direct selling etc.

The  Department  has  notified  the  Consumer  Protection  (E-commerce)  Rules,  2020  under  the provisions of the Consumer Protection Act, 2019 to safeguard consumers from unfair trade practices in ecommerce.  These  rules,  inter-alia,  outline  the  responsibilities  of  e-commerce  entities  and  specify  the liabilities of marketplace and inventory e-commerce entities, including provisions for customer grievance redressal.

The Bureau of Indian Standards (BIS) has notified framework on 'Online Consumer Reviews Principles  and  Requirements  for  their  Collection,  Moderation  and  Publication'  on  23.11.2022  for safeguarding and protecting consumer interest from fake and deceptive reviews in e-commerce.

The Central Consumer Protection Authority, in exercise of the powers conferred by Section 18 of the  Consumer  Protection  Act,  2019,  has  issued  'Guidelines  for  Prevention  and  Regulation  of  Dark Patterns, 2023' on 30th November, 2023 for prevention and regulation of dark patterns listing 13 specified dark patterns identified in e-Commerce sector.

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