ON LINE PURCHASE & RIGHTS OF CONSUMERS
Latest Judgment on MRP Issue –January 20202
Baglekar Akash Kumar…Complainant
v/s
1. Penguin Books
India Pvt. Ltd.,
2. Gopsons Papers
Ltd., printer
FACTS
·
‘The Story of Success by Malcom Gladwell” through Flipkart
on 09-10-2018 for the
·
Prepaid price
consideration of Rs.281/-
·
Was delivered him on 16-10-2018 to his address situated
at Tarnaka, Hyderabad
·
There was no mention of price printed anywhere in the
book purchased.
Case before
consumer forum Hyderabad
Reply by party no 1-Penguin
Books
·
The product was neither sold by this opposite party nor
provided any services to the complainant
·
for non-joiner of proper and necessary party that he
purchased the alleged Book from the Flipkart but Flipkart has not been made a
party and sought to raise claim against the opposite parties.
·
Each book is affixed with a sticker with the MRP of INR
499/-. The said book was not directly purchased from opposite party No.1 for
which ,no privity of contract with the opposite party No.1.
·
Rs.499/- and the said MRP is consistent on all the
platforms on which the book is being sold including Amazon and Flipkart. There
is no discrepancy regarding the MRP of book and thus the same cannot be
considered as unfair trade practice.
Party No 2 remained
absent
·
None appears for the opposite party No.2 despite services
of the notice. Hence the opposite party No.2 was a set expert while passing
orders.
ISSUES
1.
Jurisdiction of court
2.
Unfair trade practice
HELD –
·
local level jurisdiction due to delivery in the area
7less than 20 lacs “each such book is affixed with a sticker with MRP of INR
499/-”. It established that no price was printed on the book. clearly assumes
adoption of unfair trade practice for
which they are held liable for the same
ORDER
1. Print and publish the retail price on the product (Books) which they are
being sold to the customers herein after.
2. Pay Rs.10, 000/- (Rupees Ten Thousands only) towards compensation for mental agony and for unfair
acts.
3. Pay Rs.2, 500/- (Rupees Two Thousands
Five Hundred only) towards
costs.
Not printed price any where ,
slip pasted cannot be considered the correct price .
OTHER ISSUES
But
now the QUESTION before is as to whether
existing law concerning consumers are adequate for consumer
safety,information option,fair trade rights ,claims
and other rights.
·
Web disappears - Shop only with known e-merchants
·
Order cancelled
–understand procedure
·
No after sale
services –know the manufacturer and service modelities /service centre
/waratnty card
·
Price changed-understand
procedure or cancel the order
Available
law
VALIDITY
OF CONTRACT
· INFORMATION TECHNOLOGY ACT, 2000 has done a big deal in giving recognition to online purchases. Section 10A of the Information Technology Act, 2000 ("IT Act") provides validity to e-contracts The Supreme Court in Trimex International FZE Ltd. Dubai v. Vedanta Aluminum Ltd
Tri has held that e-mails exchanges
between parties regarding mutual obligations constitute a contract.
·
RESERVE
BANK OF INDIA by issuing various
circulars regarding online banking and money transfer activities have
made consumers capable of securing the online space
·
CONSUMER
PROTECTION ACT
JURISDICTION
POINT The other crucial issue is the consent and the way offers are accepted in an online
environment. In a click wrap and shrink wrap contract, the customers do not
have any opportunity to negotiate the terms and conditions and they simply have
to accept the contract as is offered to them before commencing to purchase. Section
16(3) of the ICA provides that where a person proposes certain terms to the
other and other part accepts the same by clicking on it, is bound by all the
terms so proposed by the proposer
NEW LAW PROVIDES –PRODUCT LIABILITY
CLAUSE
All responsible
–Manufacturer ,trader ,packer ,assembling agency ,delivering agency and
intermediator like AMazon ,flipcart etc
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