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Author Topic: Question: India Online Purchase and Consumer Rights  (Read 572 times)

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Offline indianconsumer

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Question: India Online Purchase and Consumer Rights
« on: March 25, 2016, 10:00:46 AM »
Hi,

An Indian online shopping intermediary like ebay, amazon, flipkart etc offers limited period replacement or dispute arbitrage between the buyer and seller , say like  30 days.

Can an Indian consumer demand the Indian online seller directly to replace or refund the item if it fails or breaks after the 30 days?

1) If YES, for how long is the consumer protected?

2) Can the online seller deny any warranty or guarantee liability if not specifically stated on the listing ?

3) What specific laws are applicable in this situation.

4) Is the online intermediary responsible for arbitrage after the said 30 days ?

Please advice from a legal point of view.


Offline adv.amarnath

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Re: Question: India Online Purchase and Consumer Rights
« Reply #1 on: March 25, 2016, 09:28:02 PM »
1) If YES, for how long is the consumer protected?
Answer is NO. As per the Law it is the duty of buyers to verify the product and satisfy himself before purchasing it. After that no dispute shall be entertained until and unless there is any warranty or replacement terms and conditions. Now online purchasing has been introduced in India and there is no specific law in respect of online purchase prevails. So we are concerning such dispute with consumer laws. In online purchase, consumer receive the article later after payment of money.  So there is no scope to verify the same and that is why the online traders give opportunity to replace it and/ or exchange it within certain period. So there is no dispute or contradictory with there terms and conditions and Consumer Law.

2) Can the online seller deny any warranty or guarantee liability if not specifically stated on the listing ?
Warranty or Guarantee liability of a trader is limited. Trader or seller has liability of its defects on the very spot of purchasing and/ or receiving the article.
Example :Suppose an article is defective on opening it. Then the liability is of seller But suppose a mobile phone you have purchased online and on opening it you found that phone is dead. Then the online trader is bound to replace it. But if the same phone works properly and became dead after 30 days, then you have to knock the door of its manufacturer. The onus of liabilities will shift from seller to manufacturer who actually provides warranty of the device.


3) What specific laws are applicable in this situation.
Already said above. Consumer Protection Act with Sale of Goods (movable) act

4) Is the online intermediary responsible for arbitrage after the said 30 days ?
This is not concern of Consumer rather Govt. Further every seller has rights to sell a product at MRP or below MRP. There is no question of Arbitrage
« Last Edit: March 25, 2016, 09:32:50 PM by adv.amarnath »
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline indianconsumer

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Re: Question: India Online Purchase and Consumer Rights
« Reply #2 on: March 26, 2016, 01:35:00 AM »
Sir,

Thanks for your time and effort in clarifying my query.

Hope other forum users will read through and be informed with your response regarding what to expect with an online purchase.

Hope the legal community here could push forward for new laws been introduced to protect the interest of ordinary online buyers in the near future. Like,

1) The seller is liable by law to replace or refund the faulty item sold to an Indian consumer, rather than washing off hands and passing the onus of responsibility to the manufacturer. ( Since almost all the non-brand items are manufactured in CHINA , how would ordinary consumer follow up for replacement )

2) Secondly, If an item is purchased with a bank card, the banks given a responsibility to follow up a refund to buyer in case the item delivered by the seller is faulty.

Thanks again.






Offline adv.amarnath

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Re: Question: India Online Purchase and Consumer Rights
« Reply #3 on: March 26, 2016, 09:02:36 AM »
First point is already covered under consumer law but second point is baseless as financial institution cannot act for consumer's safety and interest.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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