Answer By law4u team
An e-commerce entity refers to any company or individual engaged in the operation of a digital platform for buying or selling goods or services. Indian law, especially the Consumer Protection (E-Commerce) Rules, 2020, defines e-commerce entities to ensure accountability, transparency, and protection for consumers engaging in online transactions. This legal framework distinguishes between marketplace and inventory-based models and outlines obligations for each to prevent unfair trade practices and safeguard consumer rights.
Legal Definition of an E-Commerce Entity (India Specific)
According to Rule 3(1)(b) of the Consumer Protection (E-Commerce) Rules, 2020, an e-commerce entity is defined as:
Any person who owns, operates, or manages a digital or electronic facility or platform for electronic commerce, but does not include a seller offering his goods or services for sale on a marketplace e-commerce entity.
This includes:
- Companies operating websites or apps where goods/services are offered.
- Marketplace platforms (e.g., Flipkart, Amazon).
- Inventory-based e-retailers (e.g., Ajio, TataCliq).
- Foreign e-commerce platforms offering goods/services to Indian consumers.
Types of E-Commerce Entities
Marketplace E-Commerce Entity
Acts as a facilitator between sellers and buyers without owning the inventory. Example: Amazon India.
Inventory E-Commerce Entity
Sells directly to consumers through its own inventory. Example: Ajio, Reliance Digital.
Legal Responsibilities of E-Commerce Entities
Consumer Protection Compliance
Must ensure product authenticity, return/refund policies, and redressal mechanisms.
Grievance Officer Appointment
Each entity must appoint a grievance redressal officer to handle consumer complaints within a specified time.
Information Disclosure
Must clearly mention seller details, product specifications, and terms of service.
Prohibition on Manipulative Practices
Entities must not engage in misleading advertisements, fake reviews, or price manipulation.
Data Privacy Obligations
Must adhere to data protection laws, especially the Digital Personal Data Protection Act, 2023.
Compliance with IT Act, 2000
Platforms must ensure cybersecurity practices, lawful content moderation, and user safety.
Registration Requirement
E-commerce entities operating in India must be registered under Indian law and comply with rules prescribed by DPIIT.
Legal Actions and Enforcement
Consumer Complaint Filing
Consumers can approach the National Consumer Helpline or Consumer Commissions if the platform violates rights.
Penalty for Non-Compliance
Platforms failing to follow e-commerce rules can face monetary fines, de-platforming orders, or criminal action under the IT Act and Consumer Protection Act.
Foreign Entity Regulation
Even foreign-based platforms must comply if they target Indian users, offer delivery in India, or accept Indian currency.
Example
An online clothing platform based in India sells directly from its own stock. It delays refunds, misrepresents product materials, and has no grievance officer listed on its site.
Steps for Action:
The platform qualifies as an inventory-based e-commerce entity under Rule 3(1)(b).
The consumer can file a complaint with the Consumer Commission and demand redressal.
The company may face legal action for non-compliance with mandatory duties such as refund timelines and transparency.
Ministry of Consumer Affairs can initiate a probe and issue warnings or penalties.
The consumer can further report the platform on eDaakhil or to the Central Consumer Protection Authority (CCPA).
