In matter of Flipkart Internet Pvt. Ltd. (CCPA Delhi)
The Central Consumer Protection Authority (CCPA) took suo motu cognizance against Flipkart Internet Private Limited regarding the sale of walkie-talkies on its platform without mandatory disclosures required under applicable law. The preliminary examination noted that under the Use of Low Power and Very Low Power Short Range Radio Frequency Devices (Exemption from Licensing Requirement) Rules, 2018, only specified Personal Mobile Radios operating within the prescribed frequency range are exempt from licensing requirements. The CCPA further noted that the Consumer Protection (E-commerce) Rules, 2020 require e-commerce entities to prominently display material information and ensure accurate product details, while the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 prohibit misleading advertisements and omission of material restrictions.
During the preliminary inquiry, the CCPA observed that walkie-talkie listings lacked compulsory disclosures relating to licensing requirements, frequency range and Equipment Type Approval (ETA)/Wireless Planning & Coordination (WPC) certification, allegedly misleading consumers regarding unrestricted legal use. A notice dated 02.05.2025 sought seller details, listing information, frequency specifications, ETA/WPC certification details and sales data from January 2023 onwards.
In response, Flipkart stated that it functions as a marketplace intermediary under Section 2(1)(w) of the Information Technology Act, 2000, facilitating transactions between independent sellers and buyers. It submitted that it neither manufactures nor sells the products, that sellers are contractually required to comply with applicable laws, undergo onboarding and compliance training, and provide product information themselves. Flipkart asserted that it lacked editorial control over seller-entered information, claimed eligibility for protection under Section 79 of the Information Technology Act, 2000 and Rule 5(1) of the Consumer Protection (E-commerce) Rules, 2020, and informed the CCPA that it had delisted the identified walkie-talkie listings after receiving the notice and notified the concerned sellers.
