Critical Appraisal of Challenges to Online Consumer Fissures in Information Technology Law in India

Abstract

Despite the shift in e-commerce in India, there are inadequate laws to protect a person over the internet. The chapter highlights that the Information Technology (Amendment) Act, 2008, incorporated Section-A, which validates just e-commerce including e-shopping but does not include attendant principles of its formation, which gave rise to a number of questions. The chapter also discusses the loopholes and lacunas in the Information Technology Act relating to online consumers and the Indian Contract Act for formation of contracts that cannot be made equally applicable to online contracts, leaving consumers in a position where they cannot bargain. Further, the author has evaluated and analysed cases filed by consumers in terms of challenges they face. Lastly, the chapter came up with certain suggestions keeping in view unfilled space.