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Flipkart asked to pay Rs 1 lakh penalty for selling poor quality pressure cookers to consumers

CCPA has directed Flipkart to recall 598 pressure cookers that do not follow Quality Control Orders and reimburse the consumers.

ByIFP Bureau

Updated 18 Aug 2022, 6:50 am

(Representational Image: Unsplash)
(Representational Image: Unsplash)

Flipkart, an e-commerce platform, has been directed to pay a penalty of ₹1,00,000 for violating consumer rights and selling sub-standard pressure cookers to consumers.

According to a release by the Consumer Affairs, Food and Public Distribution Ministry, the Central Consumer Protection Authority (CCPA) has passed an order on violation of consumer rights by Flipkart for allowing sale of domestic pressure cookers in violation to mandatory standards.

Headed by Chief Commissioner Nidhi Khare, the CCPA has directed Flipkart to notify consumers of all 598 pressure cookers sold on its platform, recall the pressure cookers and reimburse their prices to the consumers and submit a compliance report of the same within 45 days, the PIB release stated.

The company has also been directed to pay a penalty of ₹1,00,000 for allowing sale of such pressure cookers on its e-commerce platform and violating rights of consumers, it stated.

The release stated that the Central Government, from time to time, notifies the Quality Control Orders (QCOs) specifying compulsory conformity to a standard and use of standard mark for a product to protect consumers from risk of suffering injury and harm and in the interest of public at large.

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The Domestic Pressure Cooker (Quality Control) Order, which came into force on 01.02.2021 mandates conformity to IS 2347:2017 for all domestic pressure cookers. Therefore, since 01.02.2021, 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, it stated.

CCPA observed that provisions in the ‘Flipkart Terms of Use’ such as  mandatory use of the words ‘Powered by Flipkart’ on every invoice of the product and distinguishing sellers as Gold, Silver and Bronze for distribution of various benefits indicates the role played by Flipkart in sale of the pressure cookers on its e-commerce platform, it added.

Flipkart admittedly earned a total fee of ₹1,84,263 through sale of such pressure cookers on its e-commerce platform. 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 release stated.

The release further stated that to raise awareness and quality consciousness among consumers, CCPA has launched a countrywide campaign to prevent sale of spurious and counterfeit goods that violate QCOs published by the Central Government.

Daily use products identified as part of the campaign include Helmets, Domestic Pressure Cookers and Cooking Gas Cylinders. CCPA has written to District Collectors across the country to investigate unfair trade practices and violation of consumer rights concerning manufacture or sale of such products and submit Action Taken Report, it stated.

Under the campaign, Bureau of Indian Standards (BIS) has seized 1,435 pressure cookers and 1,088 helmets which did not conform to mandatory standards, the release stated.

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According to the ministry, CCPA has also written to Chief Secretaries of all states and UTs todirect requisite action under law and ensure compliance of standards directed for compulsory use by the Central Government to protect the interest of consumers.

CCPA has also written to Director General, BIS to duly notify all its regional branches to take immediate cognizance of offences of violation of mandatory standards under the provisions of BIS Act, 2016.

Since the launch of new short code ‘1915’ by the Department of Consumer Affairs, an increasing number of consumers have been registering their grievances on the National Consumer Helpline.

Maximum grievances registered on NCH are related to e-commerce, the ministry stated, adding that in July 2022, 38 per cent of all grievances on NCH pertained to e-commerce. Major categories of consumer grievances in e-commerce include delivery of defective product, failure to refund of paid amount, delay in delivery of product etc.

CCPA has issued Safety Notices under Section 18(2)(j) of the Act to alert and caution consumers against buying goods which do not hold valid ISI Mark and violate compulsory BIS standards.

While the first Safety Notice was issued with regard to Helmets, Pressure Cookers and Cooking gas cylinders, the second Safety Notice was issued with regard to household goods, including electric immersion water heaters, sewing machines, microwave ovens, domestic gas stoves with LPG etc, the release added.

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Tags:

CCPAconsumer rightsflipkarte-commercepressure cookers

IFP Bureau

IFP Bureau

IMPHAL, Manipur

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