Lok Sabha Question No. 2233 (UNSTARRED), answered on 2025-03-12
Subject: Discriminatory Pricing in e-Commerce Platforms based on Operating systems
Ministry: CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
Asked by: Shri M K Raghavan

## Government of India

## Ministry of Consumer Affairs, Food and Public Distribution Department of Consumer Affairs

## LOK SABHA UNSTARRED QUESTION NO. 2233 TO BE ANSWERED ON 12.03.2025

## DISCRIMINATORY PRICING IN E-COMMERCE PLATFORMS BASED ON OPERATING SYSTEMS

## 2233. SHRI M K RAGHAVAN:

Will the Minister of CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION be pleased to state:

- (a) whether  the  Government  has  noticed  that  e-commerce  platforms  are  offering  different  product  prices depending on the operating systems (IOS, Android, etc.) of Mobiles/Tablets;
- (b) if  so,  the details thereof including the steps being taken to ensure transparency in pricing practices on ecommerce platforms; and
- (c) whether the Government plans to introduce regulatory measures to prevent discriminatory pricing based on Operating systems and if so, the details thereof?

## ANSWER

## THE MINISTER OF STATE CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (SHRI B.L.VERMA)

(a)  to  (c)  :        Department  of  Consumer  Affairs  is  continuously  working  for  consumer  protection  and empowerment  of  consumers  by  enactment  of  progressive  legislations.  With  a  view  to  modernize  the framework governing the consumer protection in the new era of globalization, technologies, ecommerce markets  etc.  Consumer  Protection  Act,  1986  was  repealed  and  Consumer  Protection  Act,  2019  was enacted.

To safeguard consumers from unfair trade practices in e-commerce, the Department of Consumer Affairs has also notified the Consumer Protection (E-commerce) Rules, 2020 under the provisions of the Consumer Protection Act, 2019. 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.

In terms of the provisions of these rules, no e-commerce entity shall

- a) manipulate the price of the goods or services offered on its platform in such a manner as to gain unreasonable profit by imposing on consumers any unjustified price having regard to the prevailing market  conditions,  the  essential  nature  of  the  good  or  service,  any  extraordinary  circumstances under which the good or service is offered, and any other relevant consideration in determining whether the price charged is justified.
- b) Discriminate  between  the  consumers  of  the  same  class  or  make  any  arbitrary  classification  of consumers affecting their rights under the Act.

These rules also provide that no e-commerce entity shall adopt any unfair trade practice, whether in the course of business on its platform or otherwise.

Under  the  provisions  of  the  Consumer  Protection  Act,  2019,  the  Central  Consumer  Protection Authority (CCPA), an executive agency, came into existence on 24.07.2020. It is designed to intervene, to prevent consumer detriment arising from unfair trade practices and to initiate class action(s), including the enforcement of recalls, refunds and return of products. Its core mandate is to prevent and regulate false or misleading advertisements which are prejudicial to the public interest.

In order to strengthen consumer protection, the CCPA issued the 'Guidelines for Prevention and Regulation of Dark Patterns, 2023' on 30th November 2023. These guidelines address and regulate 13 specific  dark  patterns  identified  in  the  e-commerce  sector,  aiming  to  prevent  deceptive  practices  that mislead consumers.

Bureau  of  Indian  Standards  (BIS)  introduced  the  framework  on  'Online  Consumer  Reviews  Principles and Requirements for their Collection, Moderation, and Publication' on 23rd November, 2022. This framework safeguards consumer interests by addressing fake and deceptive reviews in ecommerce. While the standards are voluntary, they apply to all online platforms that publish consumer reviews and are  guided  by  principles  such  as  integrity,  accuracy,  privacy,  security,  transparency,  accessibility,  and responsiveness.

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