CCPA fines Reliance JioMart ₹1 lakh for misleading ads to sell uncertified walkie-talkies

The Central Consumer Protection Authority (CCPA) has imposed a penalty of ₹1 lakh on JioMart (Reliance Retail Limited) for listing and selling walkie-talkies without mandatory statutory disclosures..A coram of Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra held that the platform engaged in misleading advertisements and unfair trade practices under the Consumer Protection Act, 2019..The proceedings were initiated suo motu after the regulator found that walkie-talkies were being sold on JioMart without disclosing whether the devices required licensing or complied with wireless spectrum norms.The CCPA noted that the use of walkie-talkies in India is regulated under the Indian Wireless Telegraphy Act, 1933, with frequency permissions administered by the Wireless Planning & Coordination (WPC) Wing of the Ministry of Communications. Devices outside the 446.0–446.2 MHz band require licences and mandatory Equipment Type Approval (ETA). However, JioMart’s product listings did not disclose the operating frequency, whether the product required a licence, or whether ETA/WPC approvals had been obtained. This omission, the Authority held, misled consumers into believing the devices could be freely purchased and used.The regulator found that 58 walkie-talkies were sold through the platform without any such disclosures. Several devices were operating on UHF 400–470 MHz, UHF 400–520 MHz, and VHF 130–176 MHz, all falling outside the licence-exempt band..Terming the omissions a breach of Sections 2(9) (consumer rights), 2(11) (deficiency), 2(28) (misleading ads) and 2(47) (unfair trade practices), the CCPA observed:"ETA certification is mandatory for any person listing, manufacturing, or selling wireless equipment in India, as it ensures consumer safety and adherence to the authorized frequency spectrum. Therefore, ETA constitutes essential information that must be disclosed by both the e-commerce entity and the seller. The opposite party thus deliberately concealed crucial information from consumers.".JioMart argued that it functioned only as a marketplace intermediary and that responsibility for approvals rested with sellers. It also said that the listings were taken down immediately upon receiving the first notice and that some links found by investigators were only cached Google search copies, not active pages. The Authority rejected the defence, stressing that online marketplaces cannot function as passive intermediaries and are required under the Consumer Protection (E-commerce) Rules, 2020 to ensure that all essential information is displayed prominently."Platforms such as the opposite party cannot function merely as passive intermediaries. E-commerce entities are required to take reasonable steps to prevent the listing and sale of prohibited or non-compliant products, as well as other illegal activities on their platform," the CCPA said. .CCPA also took adverse note of non-cooperation, observing that JioMart ignored notices and failed to provide ETA/WPC certification details despite repeated reminders..Invoking its powers under Sections 20 and 21 of the Consumer Protection Act, the Authority directed:A penalty of ₹1,00,000 on JioMart for misleading advertisements and unfair trade practices.JioMart must ensure that no walkie-talkies or any product requiring statutory approval is listed or sold on the platform without full legal compliance and mandatory disclosures.A compliance report must be filed within 15 days..JioMart was represented by its in-house team..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.