In re Weblink.In Private Limited (CCPA Delhi)
Summary: The Central Consumer Protection Authority (CCPA), in proceedings concerning Weblink.In Private Limited (trading as ExportersIndia.com), examined the listing, hosting, advertising and facilitation of sale or enquiry concerning Picric Acid, a substance declared an explosive under the Explosives Act, 1884 by Notification No. GSR 625(E) dated 7th August, 1983. The proceedings arose from a sector-wide review of e-commerce platforms concerning hazardous chemicals, explosive substances and related precursors.
The CCPA found that Picric Acid listings on ExportersIndia.com allegedly lacked adequate disclosure of the seller’s valid PESO licence, verification of the buyer’s identity and licensed status, and appropriate warnings concerning legal restrictions and penal consequences. The Authority also considered the platform’s “verified” indicator and V-Trust Certificate, its membership and promotional-fee model, buyer-seller communication facilities and the absence of effective GSTIN, business-identity or licence verification.
Weblink.In Private Limited contended that ExportersIndia.com was a non-transactional B2B information or directory platform, that it did not manufacture, possess, sell, transport, invoice or deliver the products, and that any transactions occurred independently between third parties. It relied on intermediary protection under Section 79 of the Information Technology Act, 2000 and on the absence of an express explosives-law provision equivalent to Rule 10E of the Insecticides Rules, 1971 requiring e-commerce entities to verify sellers’ licences. It also submitted that the impugned listings were removed after notice and that its restricted-keyword mechanism had subsequently been strengthened.
