On August 17, the Central Consumer Protection Authority (CCPA) penalized e-commerce platform Flipkart for allowing the sale of sub-standard pressure cookers on its website. CCPA panel headed by Chief Commissioner Nidhi Khare directed Flipkart to notify all consumers who had bought 598 sub-standard pressure cookers from the platform.
CCPA ordered Flipkart to recall all the pressure cookers and reimburse the consumers for the price they had paid. Flipkart is to complete the process and submit a compliance report within 45 days. Furthermore, the company has to pay a penalty of Rs 1 lakh for allowing the sale of such pressure cookers on the platform that violated the rights of the consumers.
As per the official press release, from time to time, the Central Government has issued notifications on the Quality Control Orders (QCOs) where it has specified compulsory conformity to a standard and use of the standard mark for a product to protect consumers from the risk of suffering injury and harm and in the interest of the public at large.
In February 2021, the Domestic Pressure Cooker (Quality Control) Order came into force that mandated conformity to IS 2347:2017 for all domestic pressure cookers. Hence, since the date of the issue of the said order, “all pressure cookers are required to conform to IS 2347:2017, and due diligence is required to be done whether the pressure cookers are offered for sale online or offline,” the press release stated.
In its order, CCPA observed that there are provisions in terms of Use on Flipkart’s website that included mandatory use of the words ‘Powered by Flipkart’ on every invoice of the product. Furthermore, it distinguished sellers as Silver and Bronze for distribution of various benefits that indicated Flipkart plays a role in the sale of pressure cookers on the website.
CCPA further observed that Flipkart had admitted to earning a total of Rs 1,84,263 from the sale of such pressure cookers. “It was observed by CCPA that when Flipkart has gained commercially from the sale of such pressure cookers, it cannot alienate itself from the role and responsibility arising out of their sale to consumers,” the press release stated.
It is noteworthy that CCPA has launched a country-wide campaign to raise awareness and quality consciousness among consumers to prevent the sale of spurious and counterfeit goods that violate QCOs published by the Central Government. The products identified as part of the campaign include Helmets, Domestic Pressure Cookers, and Cooking Gas Cylinders. CCPA has also written to the District Collectors across the country to investigate unfair trade practices and violations of consumer rights concerning the manufacture or sale of such products and submit Action Taken Report.
The press release noted that CCPA has also written to Chief Secretaries of all states and UTs. to direct requisite action under law and ensure compliance with standards directed for compulsory use by the Central Government to protect the interest of consumers. Further, CCPA has written to Director General, Bureau of Indian Standards (BIS), to duly notify all regional branches of BIS to take immediate cognizance of offences of a violation of mandatory standards under the provisions of BIS Act, 2016.
Notably, BIS has conducted several search and seizure operations under the campaign, where they found 1,435 pressure cookers and 1,088 helmets below the prescribed standards.
Department of Consumer Affairs has also launched a short code ‘1915’ to register grievances on the National Consumer Helpline. Notably, in the month of July, 38 per cent of the grievances on NCH were related to e-commerce platforms. Major categories of consumer grievances in e-commerce include delivery of a defective product, failure to refund the paid amount, delay in delivery of a product, etc.
Safety notices have also been issued by CCPA under Section 18(2)(j) to alert and caution consumers against buying goods that do not hold valid ISI Mark and violate compulsory BIS standards. Apart from Helmets, Pressure Cookers, and Cooking gas cylinders, notices were also issued for household goods, including electric immersion water heaters, sewing machines, microwave ovens, domestic gas stoves with LPG, etc.
