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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