Daksha Jha, Amity University, Chhattisgarh
ABSTRACT
Consumer to consumer or business to business Invasion of privacy, infringement of intellectual property rights, online piracy, unsolicited commercial electronic advertisements, spamming, limitations on free speech, censorship, and other dishonest practises are just a few of the serious threats that e-commerce poses to consumer and merchant protection. The legal and security risk in the digitalized market is still a major concern despite the many advantages of e-commerce, like instant access to a virtual global market, reduced distribution costs, time savings, the creation of better customer connections, etc. Therefore, for e-commerce to function properly, consumer and merchant security is essential. One would contend that this is advantageous, but on the other hand, people do owe users moral, social, and ethical duties. In order to fully address the legal environment and compliance with regard to E-Commerce in the global market that has gone digital, an effort has been undertaken in this paper.
Despite the fact that India does not have a specific law that covers misleading advertising, the Consumer Protection Act of 1986 and the Monopolistic and Restrictive Trade Practices (MRTP) Act of 1969 provide firms that advertise their products incorrectly with legal repercussions. The Advertising Standards Council of India (ASCI) established the ASCI Consumer Complaints Council to counter deceptive advertising.
Recently, the Court of Chief Judicial Magistrate Lucknow in Abhimanyu Singh v Flipkart allowed an Application under Section 156(3) CrPC seeking lodging of FIR against Flipkart and its sellers Hydtel Ltd. The Lucknow Court on 10.10.2022 ordered the registration of a First Information Report (FIR) against Flipkart Officials after admitting a complaint filed. Privity Contract is a common law doctrine which provides that you cannot either enforce the benefit of or be liable for any obligation under a contract to which you are not a party.
