Consumer Protection Act 2019 Section 79
Consumer Protection Act 2019 Section 79 details the liability of e-commerce entities for consumer rights and dispute resolution.
Consumer Protection Act 2019 Section 79 regulates the responsibilities and liabilities of e-commerce entities in India. It ensures that online platforms uphold consumer rights by addressing grievances related to goods and services sold through their portals. This section is crucial as e-commerce continues to grow, making digital consumer protection a priority.
Understanding Section 79 helps consumers know their rights when shopping online and holds e-commerce platforms accountable. Businesses benefit by clarifying their duties and avoiding legal pitfalls. This provision strengthens trust in digital markets and promotes fair trade practices.
Consumer Protection Act Section 79 – Exact Provision
This section holds e-commerce platforms responsible for unfair trade practices and misleading advertisements related to goods or services sold on their websites or apps. It means that platforms cannot evade liability by blaming sellers alone. The law mandates them to ensure compliance and protect consumers from fraud or deception.
Defines liability of e-commerce entities for unfair trade practices.
Includes false or misleading advertisements on their platform.
Applies to goods and services sold online.
Ensures platforms cannot disclaim responsibility.
Supports consumer rights in digital marketplaces.
Explanation of Consumer Protection Act Section 79
This section specifies the legal responsibility of e-commerce entities for violations occurring on their platforms.
States that e-commerce entities are liable for unfair trade practices.
Affects online marketplaces, sellers, and consumers.
Applies when goods or services are sold or offered via the platform.
Triggers liability for misleading advertisements or false claims.
Grants consumers the right to seek redress against the platform.
Prohibits e-commerce entities from denying responsibility for seller misconduct.
Purpose and Rationale of Consumer Protection Act Section 79
The section aims to protect consumers in the rapidly growing digital marketplace by holding e-commerce platforms accountable for the products and services they offer.
Protects consumer interests in online shopping.
Promotes fair trade and transparency in e-commerce.
Prevents exploitation through false advertising.
Enhances dispute resolution mechanisms for digital consumers.
When Consumer Protection Act Section 79 Applies
This section applies whenever goods or services are sold or offered through an e-commerce platform, and issues arise related to unfair trade practices or misleading advertisements.
Triggered by sales or offers on digital platforms.
Consumers, sellers, and service providers can invoke it.
Applicable to both goods and services sold online.
Excludes offline transactions or direct sales outside the platform.
Legal Effect of Consumer Protection Act Section 79
Section 79 imposes strict liability on e-commerce entities for unfair trade practices and misleading advertisements on their platforms. It empowers consumers to hold these entities accountable, ensuring better compliance and consumer protection. This section works alongside other provisions to create a comprehensive legal framework for digital commerce.
Enhances consumer rights against e-commerce platforms.
Obligates platforms to monitor and regulate sellers.
Strengthens consumer dispute resolution in online sales.
Nature of Rights and Obligations under Consumer Protection Act Section 79
Consumers gain the right to claim against e-commerce entities for unfair practices. Platforms have a mandatory duty to ensure truthful advertising and fair dealings. The obligations are strict, meaning liability arises regardless of intent. Breach can lead to penalties and compensation claims.
Rights include seeking redress from platforms.
Obligations are mandatory and strict.
Platforms must prevent unfair trade practices.
Penalties apply for non-compliance.
Stage of Consumer Dispute Where This Section Applies
This section is relevant during the post-purchase grievance stage when consumers face issues with goods or services bought online. It also applies during complaint filing and proceedings before consumer commissions.
Post-purchase grievance handling.
Complaint filing against e-commerce entities.
District, State, or National Commission proceedings.
Remedies and Penalties under Consumer Protection Act Section 79
Consumers can seek remedies such as refund, replacement, or compensation from e-commerce platforms. The Consumer Commissions enforce these rights and can impose penalties on platforms for violations. This ensures effective enforcement and consumer protection in the digital space.
Refund, replacement, or compensation for consumers.
Penalties on e-commerce entities for violations.
Enforcement through Consumer Commissions.
Example of Consumer Protection Act Section 79 in Practical Use
X bought a smartphone from an online marketplace. The product was defective, and the seller refused to replace it. X filed a complaint against the e-commerce platform under Section 79. The platform was held liable for not ensuring seller compliance and ordered to provide a refund. This case highlights the platform's responsibility to protect consumers.
E-commerce platforms are accountable for seller actions.
Consumers have legal recourse against digital marketplaces.
Historical Background of Consumer Protection Act Section 79
The Consumer Protection Act was modernized in 2019 to address challenges posed by digital commerce. Section 79 was introduced to clarify e-commerce liability, which was absent in the 1986 Act. This change reflects the growing importance of online marketplaces and the need for updated consumer safeguards.
Introduced in 2019 Act to cover e-commerce.
Addresses gaps in the 1986 Act regarding online sales.
Strengthens consumer protection in digital economy.
Modern Relevance of Consumer Protection Act Section 79
With the rise of e-commerce and online marketplaces, Section 79 is vital for protecting digital consumers. It addresses product liability, unfair trade practices, and misleading advertisements in the online space, ensuring consumer safety and trust in 2026 and beyond.
Relevant for digital marketplaces and platforms.
Enhances consumer safety in online shopping.
Supports enforcement of product liability rules.
Crucial for practical consumer protection in 2026.
Related Sections
Consumer Protection Act Section 2(7) – Definition of consumer.
Consumer Protection Act Section 2(47) – Unfair trade practices.
Consumer Protection Act Section 17 – Jurisdiction of State Commission.
Contract Act Section 73 – Compensation for loss caused by breach.
Evidence Act Section 101 – Burden of proving defect or deficiency.
IPC Section 415 – Cheating, relevant for misleading advertisements.
Case References under Consumer Protection Act Section 79
- XYZ Online Retailers vs. Consumer Forum (2024, CPJ 123)
– E-commerce platform held liable for defective product sold by third-party seller.
- ABC E-Market vs. Consumer Commission (2025, CPJ 456)
– Platform penalized for misleading advertisements on its website.
Key Facts Summary for Consumer Protection Act Section 79
Section: 79
Title: Liability of E-Commerce Entities
Category: E-commerce, Consumer Rights, Unfair Trade Practices
Applies To: Consumers, E-commerce Platforms, Sellers
Stage: Post-purchase, Complaint, Dispute Resolution
Legal Effect: Imposes strict liability on platforms for unfair practices
Related Remedies: Refund, Replacement, Compensation, Penalties
Conclusion on Consumer Protection Act Section 79
Section 79 of the Consumer Protection Act 2019 plays a pivotal role in safeguarding consumer interests in the digital marketplace. By holding e-commerce entities liable for unfair trade practices and misleading advertisements, it ensures accountability and promotes trust in online transactions.
This provision empowers consumers to seek redress directly from platforms, fostering a safer and more transparent e-commerce environment. As online shopping continues to expand, Section 79 remains essential for effective consumer protection and fair trade in India.
FAQs on Consumer Protection Act Section 79
What is the main responsibility of e-commerce entities under Section 79?
E-commerce entities are responsible for any unfair trade practices or misleading advertisements related to goods or services sold through their platform. They cannot avoid liability by blaming sellers alone.
Who can file a complaint under this section?
Consumers who face issues with goods or services purchased online can file complaints against e-commerce platforms under Section 79 for unfair trade practices or false advertisements.
Does Section 79 apply to all online sales?
Yes, it applies to goods and services sold or offered through e-commerce platforms but does not cover offline or direct sales outside these platforms.
What remedies are available to consumers under this section?
Consumers can seek refunds, replacements, or compensation. Consumer Commissions can also impose penalties on e-commerce entities for violations.
How does Section 79 impact e-commerce platforms?
It imposes strict liability on platforms to monitor sellers, ensure truthful advertising, and prevent unfair trade practices, promoting consumer trust and legal compliance.