Bikram Kumar Das


 Abstract  - After globalization, there is rapid growth of borderless marketing and the technology has grown to a good height. Manufacturers and consumers got wide opportunity for online shopping. Multinational companies and small enterprises are engaged in e-commerce and attracting consumers across the globe. Many consumers go for online shopping, became victim of misleading advertisement of goods and services, unilateral contract and market monopoly. There are many laws, but those are not properly implemented due to the jurisdictional issues. There is high need for appropriate action at international forum.



Key words: Consumer protection, consumerism, misleading advertisement, e-commerce, e-governance, online shopping, cyberspace, cyber law

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“A treatise on consumer protection laws” By J.K.Verma, M.Afzal Wani and S.S. Jaswal at P.3

P.K.Majumder, Law or Consumer Protection in India page P.V.Fifth ed. 2004

Philip Kotler, Marketing Management (1984) 5th ed Englewood cliff at P.85

Sec.2(i)(d) of Consumer Protection Act 1986

N.K. Rohatgi “consumer protection law, recent amendments”, CPR 2004 (3) at P. 176 (Vinod Publication)

See, Salient Features of Consumer Protection Act.

People V Lipsitz, Superme Court of the State of New York, New York country, Index No. 400945/9Mot. Seq.No.001.

Ibid at PP 4-5. See Consumer Safety Act 1978, Unfair Contract Terms Act 1977, Personal Injury or Death, 1977 etc.

Food Drugs Amendment Act 1972, Consumer credit protection Act – 1968, Consumer product safety Act, 1972 etc.

The Directives were issued in July 25, 1985 to protect the various interest of Consumer, upon which they can get minimum right and producer could be made liable.

Art. 39, Art.19 and some Directive Principles of State Policy directs State to pass law for consumer welfare, safety and security.

Adulteration Act 1954, Essential Commodities Act 1955, Weight and Measure Act 1976, The Consumer Protection Act 1986, Information Technology Act 2000, The Completion Act 2002, Electricity Act 2003 etc.

(i) ONGC and others and Assn. on Natural Gas Consuming Industries of Gujrat and Others, (1990) Suppl. SCC at 397. (ii) Lucknow Development Authority vs M.K.Gupta, AIR (1994) SC. 787, (iii) P.B.Khet Mazdoor Samity vs State of W.B. AIR 1996 SC. At 2426 etc.

Consumer education and Research Centre vs Union of India, AIR 1995 SC 922,

Ibid – 1 at PP 6-7

Report of the Secretary General “International Activities for Consumer Protection” in IOCU Hong Kong, January 6-10, 1980.

The steps taken by Food and Agriculture organization (FAO), International Labour Organization (ILO), The World Intellectual Property Organization (WIPO), The World health organization (WHO), and the International Organization of Consumer’s Union (IOCU) may be worth remembering.

UN Guidelines for Consumer protection, Resolution No. 39/348 dated April 9, 1985.

See-Vakul Sharma-E-Commerce: A New Business Paradigm at P. 10 ILI, 2002

Ibid at p.57

Rahul Matthan, the law relating to computer and the internet 2004 Butterworth at P.

IDC survey report, The Economics Times, (12.1.2003)

Dr.N.KJndravan “Control of Poverty through price Regulation Law”, ITIS, 10,1978.

Mostly Art. l9 (i) (a) (Freedom of speech and Expansion of Constitution of pleaded and consumer fails to get any remedy

Sometimes through allurement or sometimes by strong argument, multinational companies are handling the circumstances to their end. Those are so difficult to be proved in the court of law. It can be marked that State Govt, approve licenses, to such corporate at the cost of public welfare. For example -State Government of Orissa leased 10 thousand acres of land to Vedanta Company near the capital for opening university. In India no university required such size of land. Such reservation of land creates environmental issues.

T.K.Vishwanathan, “Cyberspace and cyber Laws”, CLA -BL (Supp) Jan. 2001 at P-17.

Teleco Communication vs. An Apple A Day - Civ. Act N0.97-542-ACED. Va. 1997, 24 Sep. 1997, District Court ED of Virginia had Jurisdiction to decide matter relating to deformation in internet press release.

Brazil government has created centralized IT Infrastructure to provide over 500 services which includes small claim courts. For detail please visit

Govt, of Orissa planning to establish web-enabled Services, please visit

R.Seyon, CRM and Consumerism: Changing scenario from caveat emptor to caveat venditor, 2007 (2) CPU, PP-261-262

The Electronic Frontier, March 2000 Appendix - B. Also see - “Protecting the consumer on the Internet at Pp 33-39

Judit Bayer, Liability of Internet Service Providers for third party contents, at page 46 Victoria university or Wellington . 681.3.34 Bay ILI, 3.4.08.


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