BackDelhi HC directs Flipkart to deposit ₹1 lakh fine imposed by CCPA
Earlier in August, the CCPA issued notice to Flipkart to inform the buyers, recalling all 598 pressure cookers sold through its platform and reimbursing the price to the buyers.
PremiumThe Delhi High Court on 23 September directed Flipkart to notify the buyers of the pressure cookers, that pressure cookers on their site do not conform to the Bureau of Indian Standards (BIS) standard.
The Delhi HC bench was hearing a case related to Flipkart vs Central Consumer Protection Authority (CCPA). In the order, the bench directed the company to deposit the sum of ₹1 lakh as the penalty amount before the Registrar General of the Court.
Justice Yashwant Varma directed Flipkart to deposit the penalty of ₹1 lakh with the general registrar subject to the outcome of the petition.
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Though the bench kept in abeyance the recalling of the cookers and reimbursement of the price of pressure cookers to the buyers.
Apart from this, the bench issued notice to CCPA and directed to file a reply on the petition moved by Flipkart. The matter has been listed on November 14 for further hearing.
Earlier in August, the CCPA issued notice to Flipkart to inform the buyers, recalling all 598 pressure cookers sold through its platform and reimbursing the price to the buyers. It was also directed to file a compliance report in 45 days.
The CCPA has also directed Flipkart to pay a penalty of ₹1 lakh for allowing the sale of pressure cookers in violation of the Quality Control Order (QCO) and violating the rights of consumers.
Flipkart admittedly earned a total fee of Rs1,84,263 through selling such pressure cookers on its e-commerce platform.
"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," CCPA said.
"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 the sale of the pressure cookers on its e-commerce platform," the authority observed.
It is stipulated that goods or products which do not comply with the required standard are liable to be held defective, as per the Consumer Protection Act, 2019.
With PTI inputs.
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