Issues in Consumer Courts
2. Many of the online marketing firms/companies escape liability stating that they are only an 'Intermediary' under the IT Act 2000 and thus not liable for any sale that takes place under the CPA.
3. Since what they claim is that they have no role to play in the sale taking place, despite it being through their website, they are only offering a platform.
4. A consumer does not have a binding contract with the so called on line marketing companies as they are only an intermediary and thus they are not liable- there is no privity of contract.
5. Many of the members of the consumer forum do not understand the issues of internet transactions and fail to comprehend the nitty gritty involved, as to what is an OTP, the difference between a credit card and debit card, how does a transaction take place, what is a PIN, etc and therefore it becomes doubly difficult for a party to make them understand, the criticality of transactions that have taken place.
6. Most of the online marketing companies have placed the jurisdiction of the courts to big metros, such Delhi, Mumbai, Chennai, Kolkota, etc., wherein an average consumer has no chance ever taking an issue up to a fora in a metropolis or big cities. Who would be able to afford the lawyers fee in these cities or take the trouble of travelling to places where the jurisdiction exists?
7. Many of the online companies do not have a Nodal Officer to whom initial complaints can be addressed.
These are few of my observations and these could be taken up as suggestions. more