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...
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Format: | Article |
Language: | deu |
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European University Institute of Law
2023-03-01
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Series: | სამართალი და მსოფლიო |
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Online Access: | https://lawandworld.ge/PDF/articlesPDF/Volume9_Issue1_2023/Vikas_Trivedi_Sri_Ram_Khanna.pdf |
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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 |
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