The Delhi High Court has fined e-commerce giant Amazon India Rs 1 lakh for allowing it to sell pressure cookers that violated set standards. The regulator also ordered the e-commerce giant to recall the pressure cooker and refund consumers the price.
The Household Pressure Cooker (Quality Control) Order of 2020, effective February 1, 2021, requires all pressure cookers to comply with IS 2347:2017 and make the standard labeling of household pressure cookers mandatory.
The court ordered Amazon to notify consumers of all 2,265 pressure cookers that their pressure cookers do not meet Bureau of Indian Standards (BIS) standards.
He also instructed the company to pay the amount of 1 lakh as a fine to the Registrar of the Court within a week.
The Central Consumer Protection Authority has filed a petition against Amazon Sellers Private Limited in the Delhi High Court stating that the e-commerce company has not registered any material proving that the products it offers meet the required standard.
The CCPA states that once the Quality Control Order (QCO) for pressure cookers goes into effect, companies must ensure that properly licensed and BIS-certified pressure cookers are sold on their platforms.
The CCPA says that Amazon cannot enforce rights against sellers without asking if their products are legal.
The CCPA also states that Amazon cannot claim the “safe harbor” benefits contained in Section 79 of the Information Technology Act of 2000 unless it demonstrates that they have met their obligations under the Consumer Protection (E-Commerce) Regulations 2020 of the year.
The CCPA also noted that one of the pressure cookers found to violate the QCO was branded Amazon “AmazonBasics”.
Under the Consumer Protection Act 2019, goods or products that do not meet established standards may be considered defective.
In its ruling, the court said: “Prima facie evidence indicates that the court noted that the investigation concluded that the pressure cooker was not BIS certified. However, the applicants did not appear to have been able to refute or fulfill their obligations. that e-commerce platforms must comply with the 2020 rules. The nature of these obligations, as well as whether these obligations were actually met in the facts of this case, merits further consideration. In addition, the court must also consider the obligations and obligations that an e-commerce entity must comply with by law before engaging a merchant.”
“Therefore, the applicant is required to notify consumers of the CCPA order to sell 2,265 pressure cookers on its platform before the next listing date. The court also requires the applicant to pay 1 rupee. Court within 1 week from today,” the court’s ruling reads.
Last month, the Central Consumer Protection Authority (CCPA) fined Flipkart Rs 1 million for allowing substandard household pressure cookers to be sold on its platform.
In addition, the company has been ordered to recall 598 pressure cookers and refund consumers.
In another case, the CCPA issued a similar order for Paytm Mall in March of this year. The CCPA also issued a 1 lakh fine for selling defective pressure cookers at the Paytm mall and ordered the company to notify all 39 customers who purchased pressure cookers from its platform. Further calls for pressure cooker recalls, consumer price refunds and compliance reporting. Paytm Mall filed an order compliance report on May 2 and paid a fine of 1 lakh.
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Post time: Sep-22-2022