In re matter of Sanchar Wireless Communication Ltd. (CCPA Delhi)
CCPA Finds Walkie-Talkie Advertisements Misleading for Concealing Licensing Requirements; ₹1 Lakh Penalty Imposed as Product Listings Omitted Mandatory ETA and WPC Information; CCPA Penalises Website for Failing to Prominently Disclose Walkie-Talkie Licensing Rules; CCPA Holds Digital Product Listings Are Advertisements When They Conceal Material Information.
The Central Consumer Protection Authority (CCPA) initiated suo motu proceedings against Sanchar Wireless Communications Ltd. concerning the advertisement and display of walkie-talkies on its website without mandatory disclosures relating to licensing requirements and regulatory compliance.
During its preliminary inquiry under Section 19 of the Consumer Protection Act, 2019, the CCPA examined the regulatory framework governing walkie-talkies. It noted that the use of such devices is regulated under the Indian Wireless Telegraphy Act, 1933, with the Wireless Planning and Coordination (WPC) Wing regulating their use. Under the Use of Low Power and Very Low Power Short Range Radio Frequency Devices (Exemption from Licensing Requirement) Rules, 2018, only Personal Mobile Radios (PMRs) operating in the frequency range of 446.0–446.2 MHz are exempt from licensing. Other radio frequency devices require Equipment Type Approval (ETA) from the WPC Wing, along with other applicable clearances before import.
The CCPA found that the company’s website displayed walkie-talkies without clearly informing consumers whether the products required licences, whether they operated in licence-exempt frequency bands, or whether they complied with applicable legal requirements. Product listings omitted operating frequency details, licensing requirements, and regulatory information, making it difficult for consumers to determine whether a product was licence-free or licence-regulated. According to the CCPA, these omissions could mislead consumers into believing that the devices were legal for unrestricted use.
