Online Retailing and Consumer

Protection Bill 2015

Presented by
Group 10
P17001 – Gaurav Agarwal
P17005 – Aalok Bhagwat
P17017 – Saksham Goyal
P17027 – Jayavignesh R
P17041 – Shekhar Thanvi
 History
Consumer Protection Act 1986 :

Protect consumers from unfair trade practices

and redress disputes.
No remedy to the web consumers.
No clear cooling off provision.
Talked about ‘reasonable length of time’.
 Online Retailing
Increased use of internet for purchasing.
Lack interaction between buyer and seller.
Buyer is unable to inspect the quality of goods
offered.

Need for to protect consumers and allow for a

‘territory free’ legal actions against any goods or
service provider.
 Global Scenario

In 1997 EU gave the right to consumers to cancel

a distance contract within 15 days.

Online contracts are a form of distance

contracts.
 In India – Consumer Protection Bill
2015

To obtain balance between rights of consumers

and inconvenience caused to trader.

Provides cooling off period of 30 days.

Consumer can cancel contract within the time

limit in case of any hardship cased on the part of
seller.
 In India – Consumer Protection Bill
2015

In the interest of seller he is not required to

provide service till the cooling off period is over.

In case of digital contents like e-books, online

films and music the option is of replacement but
not a refund.
Aspects of Cooling off in Sales Contract
Similar to termination for convenience. Cooling off
period starts after the goods are delivered to the
buyer.

Buyer return the good to seller and the seller return

the money within reasonable time of buyer
cancelling the contract.

Buyer would bear the costs of return as seller has

no fault.
Aspects of Cooling off in Sales Contract

The returned goods must be in the same

condition as he got it.

If seller is not satisfied with the condition of the

returned goods buyer has to cover the losses.

Similarly in case of delay in return of money

seller has to pay the interest.
 Aspects of Cooling off in Service
Contract

Customer cant experience the service like in

case of goods to examine its quality.

Consumer given the right to withdraw from

contracts made impulsively.

Long term service contracts can be cancelled.

 Aspects of Cooling off in Service
Contract

Consumer must pay for the part of service

consumed already.

Cooling off period should start when service is

started.
Thank you…