CRITICAL STUDY OF CONSUMER PROTECTION ACT 2019 IN CONTEXT OF E-COMMERCE
Rishabh
AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH
ABSTRACT
The advent of digital technologies has revolutionized the retail landscape, propelling e- commerce into the mainstream of consumer transactions. With this shift, the nature of consumer grievances and vulnerabilities has transformed, necessitating an evolved legal framework. The Consumer Protection Act, 2019 was enacted to address the shortcomings of its 1986 predecessor, especially in the wake of rapidly growing online commerce. This paper presents a critical study of the Consumer Protection Act, 2019, with a specific focus on its application to e-commerce platforms and digital transactions.
The Act introduces several progressive provisions, such as the establishment of the Central Consumer Protection Authority (CCPA), inclusion of product liability, penalties for misleading advertisements, and recognition of e-commerce as a distinct mode of trade. It mandates that online marketplaces and sellers disclose all necessary information, ensure transparency, and take responsibility for defective goods and unfair trade practices. However, despite these advancements, the implementation of the Act reveals several challenges. Key issues include enforcement of liability on foreign-based e-commerce platforms, ambiguity in
defining the role and responsibility of intermediaries, and lack of robust grievance redressal mechanisms tailored to online consumers.
Furthermore, the paper examines whether the Act adequately balances consumer rights with business interests, especially considering the dynamic and borderless nature of the digital marketplace. It also explores the effectiveness of the e-commerce rules notified under the Act and their compatibility with existing IT laws and data protection frameworks. Through a doctrinal and analytical approach, the study underscores the need for continuous legal adaptation and stronger regulatory oversight to ensure effective consumer protection in the digital economy. While the Consumer Protection Act, 2019 marks a significant step forward in addressing the challenges posed by e-commerce, its success largely depends on practical enforcement, judicial interpretation, and further regulatory clarity in the evolving digital context.
