NASSCOM Says Rationalise Obligations, Limit Fallback Liability To Timely Refund
- ByAyushi Ray | July 24, 2021
NASSCOM says rationalise obligations, limit fallback liability to timely refund. The IT industry body on Friday said its recommendations on the proposed e-commerce rules “focus on strengthening consumer protection, ensuring that the obligations are proportionate to the underlying risks and are unambiguous”. The draft ecommerce rules released by the government on June 21 propose to ban fraudulent flash sales and mis-selling of goods and services on ecommerce platforms. Appointments of chief compliance officer/grievance redressal officer are among the key amendments proposed under the Consumer Protection (E-Commerce) Rules, 2020. NASSCOM said some of the proposed amendments “appear to be beyond the scope of the Consumer Protection Act 2019 (COPA19) and are instead a subject matter of either the Competition Act, 2002 or the Information Technology Act, 2000…in our submission, we undertook a clause-by-clause review of the proposed amendments and suggested the way forward”.
The government on Monday extended the deadline for public comments on proposed amendments to the Consumer Protection (E-Commerce) Rules, 2020 till August 5. Earlier, the last date for public comments on the draft ecommerce rules was July 6. Some of the recommendations include the removal of the word ‘own’ from the definition of an ecommerce entity. “This is with the aim of excluding from the scope those technology entities that own the digital platform and license/provide it to ecommerce companies. Ecommerce companies, in turn, operate and manage the front-end platforms. Therefore, the definition should only include entities that operate and manage the ecommerce platforms,” NASSCOM argued. It also noted that instead of prohibiting certain activities, an indicative list of unfair trade practices be included that the Central Consumer Protection Authority (CCPA) may investigate upon, for ensuring consumer
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