ANALYSIS OF THE LEGAL ISSUES INVOLVED IN ELECTRONIC CONTRACTS UNDER INDIAN LAW WITH REFERENCE TO BUSINESS-TO-CONSUMER MODEL OF E-COMMERCE

With the progress in technology the standard contract has become technically complex and consequently, difficult to comprehend by an average consumer thereby further limiting her/his choices. Often, especially in the cyberspace, such contracts contain terms that are drafted to reduce the liability of manufacturer or distributer if anything goes wrong. In light of the specific characteristics e-contracts have acquired, the pressures such contracts have put on freedom of contract, and the viability and proliferation of standard form of contracts in the cyberspace, the present paper discusses the legal provisions applicable thereto in business-2-consumer ecommerce model, especially from consumer’s perspective. The paper argues that the present Indian law is inadequate to protect the rights and interests of consumers with respect to breach of B-2-C electronic contracts. I. INTRODUCTION The digital age has paved numerous ways to make an ordinary day in an average internet user‘s life more comfortable than ever. Today, with a few clicks consumers can order electronic goods and receive them at their doorstep, book travel tickets, send gifts, order food and much more. No longer there is a need to stand in queues at the bank for basic transactions. However, with every new click, the consumer, or better referred hereto as the ‗econsumer,‘ is binding himself to a set of terms and conditions, mostly, unknowingly. Electronic contracts or e-contracts are generally standard forms of contracts that have nonnegotiable standardised terms formulated by one party, often the manufacturer/distributor, or service provider, giving, in most cases, limited to no choice to the consumer to negotiate any contract term.