Abhishek Bagga Shares Legal Insights on Consumer Rights in Social Commerce Transactions

Abhishek Bagga was recently featured in Moneycontrol, where he discussed the legal protections available to consumers who purchase goods through social media platforms such as Instagram.

Commenting on the growing prevalence of social commerce, Abhishek emphasized that the legal enforceability of a transaction depends on the transaction itself rather than the platform through which it is conducted. “The law protects the transaction itself, not the platform through which it is concluded.”

He explained that the key legal considerations include the existence of an identifiable seller, a valid offer and acceptance, payment of consideration, and an obligation to supply the goods. According to him, evidence such as Instagram conversations, order confirmations, and payment records can play a crucial role in establishing these elements in the event of a dispute.

Abhishek further clarified that Instagram generally functions as an intermediary, with primary liability ordinarily resting on the seller who accepted payment and undertook to deliver the goods. He advised consumers to retain comprehensive evidence of their transactions, including complete chat histories rather than selective screenshots, and to ensure that payment records clearly identify the recipient.

Addressing concerns around anonymous online sellers, Abhishek observed that while sellers may operate through social media accounts, anonymity on digital platforms does not shield individuals from legal accountability.

He also distinguished between civil and criminal remedies available to consumers. While a failure to deliver goods or a breach of contract does not automatically constitute the offence of cheating, criminal proceedings may be appropriate where evidence indicates fraudulent intent from the outset—such as systematically collecting payments without intending to supply goods, using forged documents, or deliberately disappearing after receiving payment.

Looking ahead, Abhishek highlighted the need for stronger safeguards within the evolving social-commerce ecosystem. He identified enhanced seller verification, mandatory business disclosures, and improved traceability mechanisms as key measures that could strengthen consumer confidence and reduce the risk of fraudulent transactions.

As social media increasingly becomes a channel for commercial transactions, Abhishek’s insights underscore the importance of understanding consumer rights, preserving transactional evidence, and ensuring legal accountability in the digital marketplace.

Read the full article here: https://www.moneycontrol.com/news/business/bought-something-on-instagram-paid-by-upi-and-it-never-came-you-still-have-consumer-rights-13986962.html 

Last Updated on 1 August, 2026