Consumer detriment in B2C transactions under consumer law in india: role of consumer courts

The Indian consumer protection law confines itself to Business to Consumer (B2C) transactions and leaves out Business to Business (B2B) transactions from its ambit. This issue has been a subject of litigation in consumer courts over the years. The Supreme Court of India has had to adjudicate the iss...

Full description

Bibliographic Details
Main Authors: Vikas Trivedi, Sri Ram Khanna
Format: Article
Language:deu
Published: European University Institute of Law 2023-03-01
Series:სამართალი და მსოფლიო
Subjects:
Online Access:https://lawandworld.ge/PDF/articlesPDF/Volume9_Issue1_2023/Vikas_Trivedi_Sri_Ram_Khanna.pdf
_version_ 1797850646147235840
author Vikas Trivedi
Sri Ram Khanna
author_facet Vikas Trivedi
Sri Ram Khanna
author_sort Vikas Trivedi
collection DOAJ
description The Indian consumer protection law confines itself to Business to Consumer (B2C) transactions and leaves out Business to Business (B2B) transactions from its ambit. This issue has been a subject of litigation in consumer courts over the years. The Supreme Court of India has had to adjudicate the issue a number of times over last three and a half decades. A two Judge Bench of the Supreme Court of India (SCI) in the recent case of Shrikant G. Mantri vs Punjab National Bank again observed that ‘business to business’(B2B) disputes cannot be construed as consumer disputes and claims arising out of the same cannot be entertained under the Consumer Protection Act (CPA). The judgment brings back to focus one of the most contentious is- sues in the consumer protection arena – the ‘commercial purpose’ interpretation. This research paper seeks to explore the rationale for the rigid classification between Business to Business (B2B) and Business to Consumer (B2C) transactions and argues the justification of the said classification under the CPA. It shall trace the development of consumer jurisprudence on this issue through some of the land- mark Judgments of the National Commission (NC) and Supreme Court of India (SCI).
first_indexed 2024-04-09T19:04:48Z
format Article
id doaj.art-735730a15bd74a42a35abe7c938d7f4c
institution Directory Open Access Journal
issn 2346-7916
2587-5043
language deu
last_indexed 2024-04-09T19:04:48Z
publishDate 2023-03-01
publisher European University Institute of Law
record_format Article
series სამართალი და მსოფლიო
spelling doaj.art-735730a15bd74a42a35abe7c938d7f4c2023-04-07T13:58:17ZdeuEuropean University Institute of Lawსამართალი და მსოფლიო2346-79162587-50432023-03-0191323910.36475/9.1.3Consumer detriment in B2C transactions under consumer law in india: role of consumer courtsVikas Trivedi 0https://orcid.org/0000-0001-7369-4574Sri Ram Khanna 1Assistant Professor, Institute of Law, Nirma University, IndiaRetd Professor, Delhi School of Economics, University of Delhi, IndiaThe Indian consumer protection law confines itself to Business to Consumer (B2C) transactions and leaves out Business to Business (B2B) transactions from its ambit. This issue has been a subject of litigation in consumer courts over the years. The Supreme Court of India has had to adjudicate the issue a number of times over last three and a half decades. A two Judge Bench of the Supreme Court of India (SCI) in the recent case of Shrikant G. Mantri vs Punjab National Bank again observed that ‘business to business’(B2B) disputes cannot be construed as consumer disputes and claims arising out of the same cannot be entertained under the Consumer Protection Act (CPA). The judgment brings back to focus one of the most contentious is- sues in the consumer protection arena – the ‘commercial purpose’ interpretation. This research paper seeks to explore the rationale for the rigid classification between Business to Business (B2B) and Business to Consumer (B2C) transactions and argues the justification of the said classification under the CPA. It shall trace the development of consumer jurisprudence on this issue through some of the land- mark Judgments of the National Commission (NC) and Supreme Court of India (SCI).https://lawandworld.ge/PDF/articlesPDF/Volume9_Issue1_2023/Vikas_Trivedi_Sri_Ram_Khanna.pdfconsumer lawcommercial purposeb2bb2cconsumer courts
spellingShingle Vikas Trivedi
Sri Ram Khanna
Consumer detriment in B2C transactions under consumer law in india: role of consumer courts
სამართალი და მსოფლიო
consumer law
commercial purpose
b2b
b2c
consumer courts
title Consumer detriment in B2C transactions under consumer law in india: role of consumer courts
title_full Consumer detriment in B2C transactions under consumer law in india: role of consumer courts
title_fullStr Consumer detriment in B2C transactions under consumer law in india: role of consumer courts
title_full_unstemmed Consumer detriment in B2C transactions under consumer law in india: role of consumer courts
title_short Consumer detriment in B2C transactions under consumer law in india: role of consumer courts
title_sort consumer detriment in b2c transactions under consumer law in india role of consumer courts
topic consumer law
commercial purpose
b2b
b2c
consumer courts
url https://lawandworld.ge/PDF/articlesPDF/Volume9_Issue1_2023/Vikas_Trivedi_Sri_Ram_Khanna.pdf
work_keys_str_mv AT vikastrivedi consumerdetrimentinb2ctransactionsunderconsumerlawinindiaroleofconsumercourts
AT sriramkhanna consumerdetrimentinb2ctransactionsunderconsumerlawinindiaroleofconsumercourts