Significance Of Scientific Evidence In Consumer Litigation: An Analytical Study

Priyank Jagawanshi, Assistant Professor, Christ Academy Institute of Law, Bengaluru, Karnataka & Research Scholar (PH.D.), National Law School of India University, Bengaluru, Karnataka

Mayank Jagawanshi, Assistant Professor, School of Legal Studies, LNCT University, Bhopal, M.P.

ABSTRACT

In the recent times, due to growth & development of E-Commerce various consumer disputes has been arisen. Due to these multiple types of consumer litigation have taken place. In order to solve and resolve such dispute and make the consumer redressal forum efficient and effective, new method of resolving the disputes have to be considered. Due to development in the science and technologies various methods have been incorporated for the consideration of the evidence in any dispute. Digital forensic is one such method which will highly applicable in the field of E-commerce section and will be significantly helpful in resolving the consumer disputes originated from such section. Not only this, it will help the consumer as well as the service providers with respect to conclusion or resolving of the cases in fast pace. Not only this different types of consumer redressal system can be made available to the consumer as well as service provider without approaching to the forum for such disputes. Various E- Commerce guidelines have already in place to protect the consumer as well as various services provider. To make it more effective and efficient, such scientific method can be incorporated in investigation and consideration of the disputes while resolving. As the Consumer Protection Act, 2019 have identified various aspects of the consumer dispute redressal mechanism including identifying products liability, mediation and solving of various offences including prescribe penalties, scientific application including digital forensic will help the consumer redressal mechanism in a different and effective way. In this paper authors will be highlighting the current system of redressal system and how well it can be made effective and efficient with the involvement of the scientific evidence, forensic evidence and Digital evidence which will helps in the reduction of the lengthy and multiple consumer litigations or disputes. It will also highlight the current E-commerce mechanism as how well it can be organised from the perspective of both consumer as well as service provider.

Keywords: Consumer Dispute Mechanism, Scientific Evidence, Consumer Litigation