CCPA takes action against E-commerce entities for selling toys that violates mandatory Toys (Quality Control) Order, 2020.
CCPA takes action against E-commerce entities for selling toys that violates mandatory Toys (Quality Control) Order, 2020.
The Central Consumer Protection Authority (CCPA) has taken strict action against e-commerce entities and sellers for the sale of toys in violation of the mandatory Toys (Quality Control) Order, 2020 and prescribed Bureau of Indian Standards (BIS) standards. In this regard, the CCPA has imposed a penalty of ₹5,00,000 (Rupees Five Lakh) on Snapdeal (Ace Vector Limited) for engaging in unfair trade practices and misleading advertisements by facilitating the sale of non-BIS compliant toys on its platform, in violation of consumer rights.
The Central Consumer Protection Authority (CCPA), led by Chief Commissioner Mrs. Nidhi Khare and Commissioner Mr. Anupam Mishra, has issued a final order against Snapdeal (Ace Vector Limited) for the sale of toys that fail to conform to mandatory BIS Standards.
The CCPA took suo-moto cognizance of the matter, discovering that toys were being sold on Snapdeal in violation of the Toys (Quality Control) Order, 2020, which became mandatory on 01st January, 2021. A detailed investigation revealed several critical lapses:
Snapdeal took its defence as it acts as a “marketplace e-commerce entity” similar to a physical shopping mall. The CCPA categorically rejected this analogy, noting that Snapdeal exerts “substantial control” over transactions by:
The CCPA observed, that the shift from caveat emptor (let the buyer beware) to caveat venditor (let the seller beware) places the burden of ensuring product safety squarely on both the seller and the facilitating platform. Consequently, the onus is on the platform to ensure that every listed product meets the safety and quality standards such as the BIS certification for toys and it remains vicariously liable for any deficiency in service or defect in goods that reach the consumers through its portal.
The CCPA further noted that when enquired about providing a guarantee for sale of BIS compliant toys on its platform in future, the opposite party failed to provide a guarantee or categorical undertaking that henceforth listings or exhibition of non-BIS complaint toys would not reappear on the platform.
The Central Consumer Protection Authority (CCPA) had issued notices to e-commerce entities and the sellers such as Amazon, Flipkart and Snapdeal, stallion trading company, electronics bazar store etc. for sale of toys in violation to QCO and BIS standards directed for compulsory use by the Central Government.
Section 2(10) the Consumer Protection Act, 2019, “defect” means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract, express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods or product and the expression “defective” shall be construed accordingly. Thus, toys which do not conform to the compulsory standards are liable to held ‘defective’ under the Act.
Failure to comply with these standards constitutes misleading advertisement and unfair trade practice under Consumer Protection Act, 2019. The Consumer Protection (E-commerce) Rules, 2020 stipulates that no e-commerce entity shall adopt any unfair trade practice, whether in course of business on its platform or otherwise.
Directives Issued
The Authority has imposed a penalty of ₹5,00,000 for engaging in unfair trade practices and misleading advertisements. The authority has also directed Snapdeal to:
The Authority reaffirmed its commitment to protecting consumer rights, preventing unfair trade practices and ensuring a safe and transparent digital marketplace, and urged all e-commerce platforms to exercise strict regulatory verification and accurate disclosures.
(Final Order is available on the Central Consumer Protection Authority website: https://doca.gov.in/ccpa/orders-advisories.php?page_no=1)
- Ensure Future Compliance: Guarantee that no non-compliant BIS standard toy is listed, hosted, or advertised on its platform in the future.
- Prominently display contact numbers, email addresses, and Grievance Officer Details to facilitate prompt consumer redressal.