Shopping On Instagram? Kerala Consumer Court’s Rs 36,880 Verdict Is A Warning For Buyers And Sellers

A Kerala consumer commission ruled that social media purchases are protected under consumer law, ordering an Instagram boutique to pay Rs 36,880 for non-delivery of a dress. The case underscores that transactions via platforms like Instagram are subject to the Consumer Protection Act, 2019, ensuring consumer rights are upheld. Explaining the legal position, Raj Ramachandran, Partner, JSA, said, “Section 2(7) of the Consumer Protection Act, 2019, defines a “consumer” as any person who buys any goods for consideration. The definition also includes offline or online transactions through electronic means.” He further added, “Even an online transaction would constitute a valid contract based on the basic principles of offer, acceptance, and lawful consideration as per the Indian Contract Act, 1872.” Read more

Bought something on Instagram, paid by UPI and it never came? You still have consumer rights

A recent Kerala consumer commission ruling confirms that buyers who purchase products through Instagram and pay via UPI are still protected under the Consumer Protection Act, 2019. The case involved a customer who received only one of two dresses ordered through Instagram DMs and was awarded a refund, compensation, and litigation costs. Legal experts say Instagram chats, screenshots, order confirmations, and UPI payment records can serve as valid evidence. The seller remains primarily liable, even if the transaction occurred through social media. Raj Ramachandran, partner at JSA, said the exchange can also constitute a valid contract under the Indian Contract Act, 1872. “Even an online transaction would constitute a valid contract based on the basic principles of offer, acceptance and lawful consideration,” he said. Read more

FSSAI Amendments Win Industry Support for Balancing Food Safety and Ease of Business

Recent FSSAI amendments aim to enhance food safety through revised contaminant standards and licensing regulations. These changes, effective by December 2026, extend contaminant limits and reduce compliance burdens for traders, while maintaining legal accountability for food safety. Legal experts Rashi Saraf and Vinit Patwari, Partners at JSA Advocates & Solicitors, said exempting traders and distributors from production-style record-keeping removes an impractical compliance requirement. Read more

Commercial realty lending by NBFCs may retain momentum

Lending to commercial real estate is surging, driven by strong office leasing, GCC expansion, and robust developer finances. NBFC and bank loans have increased significantly, supported by RERA’s financial discipline. Developers are refinancing bonds with cheaper loans, and GCCs are boosting office demand. The trend is expected to continue with strong leasing and refinancing opportunities. “The sharp increase in NBFC lending to commercial real estate reflects the strong upcycle of the past few years and robust leasing demand from GCCs and data centres. This has been reinforced by the interest-rate easing cycle last year,” said Tirthankar Datta, partner at JSA Advocates and Solicitors. Read more

Arbitration, Insolvency, and the ‘Clean Slate’: Extinguishment of Claims under the IBC after Electrosteel

The article explains how the IBC’s “clean slate” principle ensures that once a corporate debtor’s resolution plan is approved, all claims not included in that plan stand extinguished. Drawing on the analogy of the multi-headed Lernaean Hydra, it argues that insolvency law is designed to prevent old liabilities from resurfacing after resolution. Using the Electrosteel case as its focal point, the article explores how courts have interpreted the extinguishment of claims, particularly in relation to pending arbitration proceedings and creditor rights. It also analyses the scope and limits of the clean slate doctrine, balancing the objective of providing certainty to successful resolution applicants with the rights of claimants under the IBC framework. Read more

Industry hails recent FSSAI amendments

The recent FSSAI amendments have been welcomed by the food industry for simplifying compliance, improving regulatory clarity and easing business operations. Stakeholders believe the changes will support innovation, reduce procedural hurdles and strengthen food safety standards while benefiting consumers and businesses. Legal experts Rashi Saraf and Vinit Patwari, Partners at JSA Advocates & Solicitors, said the amendment removes a compliance requirement that was never appropriate for non-manufacturing businesses. They observed that traders and distributors neither produce nor process food, making the requirement to maintain production-style registers impractical. Exempting them from daily paperwork and FIFO/FEFO record-keeping reduces recurring documentation, minimises inspection-related disputes and allows retailers and distributors to focus on their core operations. According to them, the reforms concentrate compliance obligations where food safety risks are greatest—at the manufacturing stage—while reducing unnecessary burdens at the retail and distribution levels. They added that the amendments provide greater regulatory clarity, lower compliance costs for thousands of businesses across the food supply chain and reflect a more risk-based approach to food regulation without compromising traceability where it is most critical. Read more

Stop before it happens: cos ping law firms to prevent insider trading

Companies are proactively seeking legal guidance to prevent insider trading by managing UPSI and enhancing compliance systems. Sebi’s strict regulations and digital tracking of UPSI have prompted firms to conduct internal investigations and invest in governance infrastructure to avoid regulatory scrutiny. Pulkit Sukhramani, partner at JSA Advocates and Solicitors said that companies are commissioning internal investigations as soon as they detect unusual trading because early action demonstrates a strong compliance culture and may help reduce regulatory exposure. Read more

This story also appeared Online.

Salary has to be paid before 7th day of the succeeding month under new labour code; Know what else the new labour code says about salary timeline

The Code on Wages, 2019 ensures timely salary payments and universal employee coverage, introducing an inspector-cum-facilitator for dispute resolution. It extends the claim period to three years and mandates wage slips, enhancing transparency and protection against unauthorized deductions. Gerald (Jerry) Manoharan, Partner – JSA Advocates & Solicitors, explains the details of what the new labour code says: The Code on Wages, 2019 prescribes clear statutory deadlines for all types of typical employee engagements. While daily-wage workers are required to be paid at the end of the shift, weekly-rated employees must be paid before their weekly holiday. For employees engaged on a fortnightly basis, this timeline is limited to within 2 days after the end of the fortnight and for those employees engaged on a monthly basis, payment has to be made before the expiry of the 7th day of the succeeding month. Read more

This story also appeared in NewsPoint by TOI.

Crackdowns fuel white-collar lawyer demand

Indian companies are proactively conducting internal probes and compliance checks as enforcement agencies intensify their activities. This has led to a surge in demand for legal expertise in white-collar crime, prompting law firms to expand their practices. The complexity of investigations is growing, often involving multiple agencies and international regulations. That is prompting firms to build teams that combine investigations, forensic reviews, cybercrime and cross-border disputes. International developments are adding to the workload. The UK’s Economic Crime and Corporate Transparency Act, the US Foreign Corrupt Practices Act and evolving global sanctions regimes are prompting firms with overseas operations to boost compliance and seek legal aid earlier. “Investigations now require a multidisciplinary approach, particularly as issues around data protection, digital evidence, Al-enabled investigations and cyber incidents become more prominent,” said Rupinder Malik, partner at JSA Advocates & Solicitors. Read more

This story also appeared Online.

Nobody wants to wait on hold anymore. But can AI replace customer care?

AI is reshaping customer service by automating routine tasks, allowing human agents to focus on complex issues. This shift is transforming India’s BPO industry, emphasizing specialized skills and digital literacy. While AI offers efficiency, human expertise remains crucial for handling complex and emotional interactions. The future of customer service will blend AI efficiency with human empathy and oversight. According to Probir Roy Chowdhury, Partner at JSA Advocates and Solicitors, one of the biggest privacy risks is that people often end up sharing far more personal information with AI chatbots than they realise. “In India, primary accountability will usually sit with the company that deploys the chatbot to consumers, because it controls the customer interface, determines the purpose and means of processing personal data, and represents the service to the consumer,” Chowdhury explains. Read more

This article also appeared in News Point, 7 Globe News, Observer Voice, News365 Times and  G Plus India News.

Mauritius keeps role in Indian offshore fundraising

Mauritius remains a preferred jurisdiction for offshore fundraising by India-focused investment funds despite the rise of GIFT City. Fund managers continue to value its established legal framework, investor familiarity, tax efficiency and extensive treaty network. While GIFT City is attracting new funds with regulatory incentives, industry experts view the two jurisdictions as complementary rather than competing. Mauritius is expected to retain a significant role, particularly for global investors and cross-border fund structures, as offshore fundraising linked to India continues to evolve. Utsav Johri, a partner specialising in debt finance at JSA Advocates and Solicitors, said setting up a treasury centre in GIFT City comes with its own compliance and regulatory registration requirements. “Some investors are simply more familiar with offshore structures and comfortable buying dollar paper from those jurisdictions,” he said.” JSA’s Johri also highlighted another concern – whether offshore bondholders will be able to enforce their rights in a bankruptcy. A treasury centre in GIFT City that is registered with the International Financial Services Centre Authority, the finance hub’s regulator, will technically be classified as a financial services provider under India’s Insolvency and Bankruptcy Code, Johri noted. “Investors may still be more comfortable with offshore jurisdictions that they have been familiar with for years or which have a robust insolvency regime,” he said. “Tax benefits are available in GIFT City, but investor comfort with a jurisdiction is also important.” Read more

Corporate India’s record outbound investments add pressure to rupee

Indian companies are aggressively pursuing foreign acquisitions, with over $14 billion invested abroad this fiscal year, impacting the rupee and domestic investment. Geopolitical tensions and US trade policies are prompting firms like Sun Pharma and Persistent Systems to expand internationally. This trend is affecting India’s net FDI inflows, raising concerns about economic implications. Minhaz Lokhandwala, a partner at law firm JSA, said he was advising a client on acquiring a Middle East-based contract manufacturer to overcome any future disruptions similar to the blockade on the Strait of Hormuz. “Because of the recent geopolitical issues, there is certainly going to be increased outflow in trying to develop asset bases outside India,” he said. Read more

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