New Delhi, Oct 25 (IANS) The Central Consumer Protection Authority (CCPA) has imposed a penalty of Rs 1 lakh on Hogar Technologies and Innovations LLP for misleading advertisements and product listings of walkie-talkies that failed to disclose essential regulatory information, including operating frequencies and applicable licensing requirements.
The order was passed by the CCPA, headed by Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra, according to an official statement issued on Sunday.
The action forms part of the CCPA’s ongoing enforcement measures against misleading advertisements and unfair trade practices relating to the listing, advertisement, and sale of walkie-talkies (personal mobile radios) across online platforms and websites.
In its latest order, the CCPA examined advertisements and product listings of various walkie-talkie models displayed on the website of Hogar Technologies, observing that the listings did not clearly disclose the operating frequencies of the devices, applicable licensing requirements, and regulatory approvals. Such omissions could mislead consumers into believing that the devices could be legally operated without obtaining the requisite regulatory authorisations.
Under the rules for Use of Low Power and Very Low Power Short Range Radio Frequency Devices, personal mobile radios operating within the prescribed frequency range of 446.0–446.2 MHz are exempt from the requirement of obtaining a licence, subject to applicable conditions. Other wireless radio frequency devices operating outside the exempted frequency range are subject to the relevant regulatory requirements.
During the proceedings, the company submitted that it possessed a valid Dealer Possessing Licence (DPL) and that the devices were covered by applicable Equipment Type Approval (ETA) certifications. It also contended that its website was primarily intended for informational and lead-generation purposes and did not facilitate direct online transactions.
After examining the company’s submissions, investigation findings and material available on record, the CCPA observed that possession of regulatory approvals does not absolve an advertiser of its obligation to provide accurate, complete and material information to consumers at the pre-purchase stage.
The CCPA further observed that the absence of an online payment gateway or shopping cart facility does not exclude promotional representations made through a website from the ambit of misleading advertisements under the Consumer Protection Act, 2019. Advertisements and product listings must provide adequate information regarding applicable regulatory requirements, irrespective of the mode through which the products are ultimately sold.
The CCPA had earlier taken suo motu cognisance of the large-scale listing and sale of walkie-talkies on e-commerce platforms without mandatory regulatory disclosures. During its examination, over 16,970 non-compliant listings were identified across platforms, and notices were issued to 13 e-commerce entities, including Amazon, Flipkart, Meesho, Meta (Facebook Marketplace), JioMart, IndiaMART and TradeIndia, among others.
The Authority has so far passed final orders against 12 entities, imposing cumulative penalties of Rs 58 lakh for misleading advertisements and unfair trade practices relating to walkie-talkies. These include penalties of Rs 10 lakh each on Amazon Seller Services Pvt. Ltd., Flipkart Internet Pvt. Ltd., Meesho Pvt. Ltd., Meta Platforms and TradeIndia (Infocom Network Pvt. Ltd.), and Rs 1 lakh each on JioMart (Reliance Retail Ltd.), Chimiya, MaskMan Toys, Talk Pro (Iconet Services Pvt. Ltd.), Sanchar Wireless Communications Ltd., Antriksh Technosys Pvt. Ltd. and Hogar Technologies and Innovations LLP.
Some entities such as Amazon Seller Services Pvt. Ltd. and Flipkart Internet and Meta Platforms have challenged the orders and proceedings initiated by the CCPA before judicial forums.
–IANS
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