The Indian consumer protection framework received a much-needed
overhaul with the Consumer Protection Act, 2019
("COPRA") receiving the presidential
assent on August 9, 2019. The new COPRA will set up a new consumer
grievance redressal body known as the Central Consumer Protection
Authority, invested with wide-ranging powers, including search,
seizures and summons and seems a step towards aligning Indian
consumer protection laws with the global developments in this
space.
Whilst hitherto e-commerce platforms/ online aggregators had the
"intermediaries" defence, a key change has been to
include such intermediaries under COPRA!
Even though COPRA broadly retains the definition of who is a
'consumer' (from the 1986 Consumer Protection Act), it has
introduced a new 'explanation' providing that when a
consumer 'buys any good' and 'hires or avails of
any service' this includes "online transactions
through electronic means...", potentially bringing
e-commerce platforms/