Delhi HC tells Amazon to file CCPA 1 lakh fine in pressure cooker case


The Delhi High Court on Tuesday issued an order in Amazon v CCPA (Central Consumer Protection Authority) case, ordering Amazon Sellers Private Limited to notify buyers of all 2,265 pressure cookers, that their pressure cookers are non-compliant at Indian Bureau of Standards. (BIS).

He further ordered the company to deposit the sum of 1 lakh as amount of fine before the Registrar General of the Court within one week.

The Court, when passing the order, said: “Primarily, the Court notes that the investigation would have concluded that the pressure cookers were not BIS certified. However, the petitioner does not appear to have The nature of the obligations an e-commerce platform must perform under the 2020 Rules and whether they have actually been met on the facts of this case would merit a further consideration and obligations that an e-commerce entity must be held accountable to perform in law before onboarding a seller.”

“Consequently and until the next registration date, the applicant will be required to notify consumers of the 2,265 pressure cookers sold on its platform of the CCPA order. The Court also invites the applicant to deposit a sum of 1 lakh to the Registrar General of the Court within one week from today, without prejudice to his rights and claims in the motion for the order,” the court added in the order.

The Central Consumer Protection Authority argued in the High Court that Amazon had failed to register any evidence that it offered products that met the required standards.

The CCPA pointed out that once the quality control order (QCO) on pressure cookers came into force, the company should have ensured that pressure cookers duly authorized and certified by the BIS were sold on its platform.

It has been pointed out by the CCPA that Amazon cannot assert a claim on on-board sellers without ensuring that their products are legally compliant.

The CCPA further pointed out that Amazon cannot claim the benefit of the “safe harbour”, included in section 79 of the Information Technology Act 2000, unless it establishes that it has complied with its obligations under the Consumer Protection (Electronic Commerce) Rules 2020.

The CCPA also pointed out that among the pressure cookers identified as violating the QCO, one pressure cooker was from an Amazon brand itself, namely “AmazonBasics”.

In accordance with the Consumer Protection Act 2019, it is stipulated that goods or products which do not conform to the required standard are liable to be found to be faulty.

In accordance with the Domestic Pressure Cookers (Quality Control) Ordinance 2020, which came into force on February 1, 2021, all pressure cookers must comply with IS 2347:2017 and must use the standard mark for the pressure cooker. domestic. .

Earlier on March 23, the CCPA issued a similar order against Paytm Mall and the company complied with the CCPA’s orders. The Paytm mall has also been instructed to notify all of its 39 customers, who have purchased pressure cookers on its platform. It was further requested to recall the pressure cookers, to refund their prices to consumers, to submit a compliance report and also to pay a fine of 1,00,000.

Paytm Mall submitted its order compliance report on May 2 and also paid the penalty amount of 1,00,000.

This story was published from a news feed with no text edits. Only the title has been changed.

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