LL.M. (Taxation) Graduate in India
This case analysis explores the landmark decision in Amazon Seller Services Pvt Ltd v. Malay Patel (2022), which redefined the scope of intermediary liability in India’s e-commerce landscape. The dispute arose when a consumer received a defective product from a third-party seller on Amazon.in and sought compensation directly from the platform. Amazon claimed protection under Section 79 of the Information Technology Act, 2000, asserting its role as a passive intermediary. However, the State Consumer Disputes Redressal Commission held Amazon liable, citing its active involvement in hosting, payment processing, logistics, and customer service. The judgment emphasized that platforms exercising substantial control over transactions cannot evade liability under the Consumer Protection Act, 2019 and the E-Commerce Rules, 2020. This case sets a precedent for platform accountability, blurring the line between intermediary protection and seller responsibility. It also carries indirect tax implications, as platforms deemed “sellers” may face GST and other compliance burdens. The analysis critically examines the legal reasoning, regulatory framework, and broader implications for digital commerce governance in India.
Case Comment
International Journal of Law Management and Humanities, Volume 8, Issue 5, Page 288 - 298
DOI: https://doij.org/10.10000/IJLMH.1110781This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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