Platform Design and Consumer Choice Under the New E-Commerce Rules

Introduction : In today’s world the choices made by consumers are shaped by Online shopping platforms. A user may see a certain product earlier and after that encounter a pre-selected add-on at the time of checkout or may find out that cancelling a subscription will take more steps than starting a new one. These design choices can heavily affect consumers’ options to make decisions after understanding their options clearly.

The Consumer Protection (E-Commerce) (Amendment) Rules, 2026 strengthen the requirements for a clear search result, provide sponsored listings with labels, honest price reductions and provide protection against dark patterns. 

These amendments are scheduled to come in force on January 1, 2027. The 2023 Dark Patterns Guidelines already prohibits deceptive design practices; these new Rules include a self-audit that must be performed every year and display a certificate of compliance prominently.

A UX-legal review can be very helpful in a platform to examine how their website or app works from the point of view of consumers. As, it has the ability to identify design features that can possibly hide information, to make it difficult for consumers to refuse an option, or it can steer a user toward a choice they don’t have any intentions to take. This review is a practical compliance step and in today’s world, specifically the new legal requirement is a self-audit per year for dark patterns.

Legal Provisions

The Consumer Protection Act, 2019

The section 2(9), 2(47) and 18 of The Consumer Protection Act, 2019 This law mainly emphasizes on the consumer’s right to be informed about the quality, quantity, standard and the price of goods and services. It also recognises access where it is possible for a variety of goods and services at competitive prices. These rights are important in online shopping because the way options are presented can directly influence what consumers notice and then choose.

This Statutory Act defines an “unfair trade practice” as an unfair or deceptive practice used to promote the sale or supply of goods and services. It also gives the Central Consumer Protection Authority the powers to protect consumer rights and to also prevent unfair trade practices. 

The Dark Patterns Guidelines were issued in this consumer-protection framework.

Consumer Protection E-Commerce Rules, 2020, as amended in 2026

In the 2026 Amendment Rules it adds several requirements which are relevant to platform design. It prohibits the e-commerce entities to mislead users by manipulating the search results. Also, the sponsored listings must distinctly be identified by clear disclosures.

The amendments also need to include price-reduction announcements to show the consumers both the reduced price and the lowest price at which the item was offered in the previous 30 days. In addition to this the seller’s name must appear on the invoice and the e-commerce entity’s name in the same font size. These requirements aim to help consumers see who is selling a product, which are paid promotions and to also know whether the claimed discount is clear. 

The existing Rules also require consent of consumers for a purchase to be recorded by a clear, affirmative action and not automatically through a checkbox which is pre-ticked.

Guidelines for Prevention and Regulation of Dark Patterns, 2023

The 2023 Guidelines defines the dark patterns as deceptive designs practiced which mislead or trick users to do something they didn’t intend or wanted to do by impairing the consumer’s autonomy, decision-making or choice to make. They apply to platforms which systematically offer goods or services in India and also to advertisers and the sellers.

Examples of this like- difficulty to cancel any subscription, hiding important to know information, without consent adding of extra products or services and using interface design which makes the “no” option hard to see. These Guidelines prohibit the dark-pattern practices. From January 1, 2027, the amended E-Commerce Rules will expressly require new things which include e-commerce entities to comply with the new Guidelines, to conduct self-audit per year and to display a certificate which states that the platform is free from dark patterns.

Legal Analysis

Platform Design and Consumer Choice

The legal issue is not simply whether a platform has a particular colour, layout or style. The concern is whether its design tends to misleads users, hides important information or makes it harder for consumers to act on their actual choice.

For example, if a platform offers a paid add-on during the time of checkout that add-on is clearly explained and the consumer actively selects it which is different from just quietly adding it to the cart or to treat the silence as agreement.

Similarly, a default setting is not unlawful automatically in every situation. But a pre-ticked box cannot record as a consumer’s consent under the E-Commerce Rules. The main focus is on getting clear information and genuine options.

The Dark Patterns Guidelines identify ‘interface interference’, in which a design highlights one option while obscuring another, and ‘subscription trap’, where cancellation is complicated. These are the examples which clearly show why platforms should review the whole user journey and not just the wording.

Search, Pricing and Paid Listings

A consumer might think the first result of a search is the most relevant. The new Rules ban deceptive search results and make it clear that sponsored results must be marked as such. A good platform will, therefore, be clear to users about whether a result is a sponsored result or an advertisement rather than simply being confused with an ordinary result.

Choice is also influenced by price presentation. A large discount next to a price where the actual comparison of the price is not prominent, could mislead consumers. The new rule of providing visitors with the lowest price in the last 30 days affords shoppers more data to assess the price cut.

The rules do not stipulate that all platforms must be the same design. They do, however, make transparency significant: consumers must be able to know what is being promoted; what they will have to pay; and who is the seller of the product.

Relevant Case law

Ashwani Chawla vs. Flipkart Internet Pvt. Ltd., CC/113/2023 (State Consumer Disputes Redressal Commission, U.T. Chandigarh, 20 February, 2024): The Commission adjudicated a consumer complaint in relation to an offer-handling fee separately charged and a product depicted as new. It deemed the separate fee and the surrounding actions to be unfair trade practice and directed to the Dark Patterns Guidelines. The Commission ordered parties to refund the amounts and stop the split billing practice.

This is a consumer commission order, not a Supreme Court ruling, and this order was not a ruling on the 2026 Amendment Rules. Its relevance is more limited, in that it shows that online charges and how they are presented to consumers can give rise to consumer-protection issues.

Amazon Seller Services Pvt. Ltd. v. Surendra Anil Pawar, Appeal No. A/21/427 (State Consumer Disputes Redressal Commission, Maharashtra, August 9, 2024): A book was advertised by Amazon with a very high discount which is based on an inflated maximum retail price. After the consumer submitted a complaint the listing does remain online for a year. The Maharashtra Commission dismissed Amazon’s appeal and found unfair trade practice. The case is relevant for truthful online pricing.

Practical Implications

An e-commerce platform can examine the journey of the consumer from product search to payment, complaint or cancellation. A practical UX-legal review can review to see if:

• Search results are clear and do not mislead users by ranking paid listings as highly relevant to the query.
• Prices, discounts, fees and optional extras are displayed prominently prior to payment.
• The consumer clearly decides to act before buying a product or service or requiring more of the same.
• There are options to accept or decline that are easily understood and important information is not concealed.
• The conditions for subscription and cancellation are clearly presented and simple to follow.
• Seller information, return and refund information, delivery details and other product information can be found prior to purchase.
• The annual dark pattern self-audit and the prominently displayed certificate will be a clear requirement under the amended Rules from 1 January 2027. A more comprehensive UX-legal review can assist platforms in being ready for that audit and identify issues when they alter a checkout, search or subscription workflow.

Conclusion

Platform design can affect consumers’ perception, comprehension, and selection. India’s consumer protection legislation deals with this by providing consumer rights to information and choice, as well as e-commerce guidelines and the Dark Patterns Guidelines.

The 2026 updates include more explicit search results, sponsored listings, price drop and dark pattern self-audits. They are not a general obligation to test all components of platform design. Instead, self-audits of dark patterns on an annual basis will be a new requirement from January 1, 2027. A broader UX-legal review is a feasible approach to facilitate platforms to enable clear information and real consumer choice.

Author:- Aprajita Yadav, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or   IP & Legal Filing.

Endnotes

1. The Consumer Protection Act, 2019, No. 35 of 2019, §§ 2(9), 2(28), 2(47), 10 and 18. These provisions address consumer rights, misleading advertisements, unfair trade practices, and the powers of the Central Consumer Protection Authority (CCPA).
2. Ministry of Consumer Affairs, Food and Public Distribution, Consumer Protection (E-Commerce) Rules, 2020, G.S.R. 462(E), 23 July 2020, as amended. These Rules establish the regulatory framework for e-commerce entities, including requirements concerning transparent disclosures, consumer consent, grievance redressal, and the prevention of unfair trade practices.
3. Ministry of Consumer Affairs, Food and Public Distribution, Consumer Protection (E-Commerce) (Amendment) Rules, 2026, G.S.R. 789(E), 9 September 2026, Gazette of India, Extraordinary, Part II, Section 3(i). The amendments address ranking transparency, sponsored listings, price-reduction disclosures, seller information, and dark-pattern compliance, with commencement scheduled for 1 January 2027.
4. Central Consumer Protection Authority, Guidelines for Prevention and Regulation of Dark Patterns, 2023, Notification F. No. CCPA-1/1/2023-CCPA (Reg.), 30 November 2023; see also CCPA, Advisory on Self-Audit by E-Commerce Platforms for Detecting Dark Patterns, 5 June 2025. These sources address deceptive user-interface practices and encourage e-commerce platforms to audit their interfaces for dark patterns.
5. Mr. Ashwani Chawla v. Flipkart Internet Pvt. Ltd. & Ors., Consumer Complaint No. CC/113/2023, State Consumer Disputes Redressal Commission, U.T. Chandigarh, order dated 20 February 2024. The dispute concerned the sale of a used mobile handset represented as new and the handling of the consumer’s subsequent complaint. It illustrates consumer-protection concerns relating to misleading product representations.
6. Amazon Seller Services Pvt. Ltd. v. Surendra Anil Pawar & Anr., Appeal No. A/21/427, State Consumer Disputes Redressal Commission, Maharashtra, order dated 9 August 2024. The case concerned a book advertised at a substantial discount against a stated MRP that allegedly overstated the actual printed MRP. The Commission dismissed Amazon’s appeal and upheld the consumer commission’s order, making the decision relevant to truthful online price and discount representations.