CCPA issues notices to Amazon, Flipkart and Snapdeal on violation of standards in toy sales

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The Central Consumer Protection Authority (CCPA) issued notices to e-commerce entities Amazon, Flipkart and Snapdeal for the sale of toys in violation of standards set by the government.

CCPA has sought a response from the e-commerce entities within seven days from the issuance of the notice, failing which necessary action may be initiated against them under the provisions of the Consumer Protection Act, 2019.

The consumer authority has also written to the Director General, Bureau of Indian Standards (BIS) to take immediate cognisance of the matter and take necessary action. It has expanded the country-wide campaign to prevent the sale of spurious and counterfeit goods that violate Quality Control Orders (QCOs) published by the central government to include consumer durables such as electric immersion water heaters, electric iron, domestic gas stove, microwave oven, sewing machines etc.

In this regard, CCPA has written to District Collectors across India to investigate unfair trade practices and violation of consumer rights concerning manufacture or sale of such goods and submit an Action Taken Report to CCPA.

Under Section 2(10) of 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 be held ‘defective’ under the Act. The Consumer Protection (E-commerce) Rules, 2020 stipulate that no e-commerce entity shall adopt any unfair trade practice, whether in the course of business on its platform or otherwise.