NEW DELHI: The Central Consumer Protection Authority (CCPA) has issued notices to six e-commerce platforms for listing and offering for sale restricted wireless transmitting devices such as ‘Anti-Drone Systems’, ‘Drone Jammers’ and ‘GPS Jammers’, in an alleged violation of the Consumer Protection Act, 2019 and other applicable telecom and trade control laws.
The Authority has noticed that companies has listed these equipment in a manner likely to mislead consumers into believing that such devices are freely purchasable.
The notice has been issued to Everse, IndiaMart, Xboom, Javiat Aerospace, AirONE Robotics and Maveric Drones & Technologies Pvt Ltd. These companies has listed devices without disclosure of mandatory licensing requirements.
The Authority has observed that companies didn’t clearly mention that users are prohibited from using without statutory authorisation. These companies also listed this equipment without valid Equipment Type Approval (ETA) or Wireless Planning & Coordination (WPC) certification details.
Drone jammers and signal jamming equipment are regulated under the Indian Telegraph Act, 1885 and the Wireless Telegraphy Act, 1933. They are subject to strict licensing and regulatory control by the Department of Telecommunications (DoT) and Wireless Planning & Coordination (WPC).
Even import of such restricted equipment is governed under the Foreign Trade (Development and Regulation) Act, 1992 and applicable DGFT notifications. Such equipment is ordinarily permitted only to authorised Government agencies and law enforcement authorities, subject to statutory approvals.
“The omission of material information regarding statutory restrictions and legal consequences prima facie amounts to misleading advertisement and unfair trade practice under Sections 2(47), 18 and 19 of the Consumer Protection Act, 2019,” states the CCPA in its release.
The Authority has directed the companies to furnish the required details, including the source of procurement, along with copies of import licences, invoices, and regulatory approvals from WPC, DoT, DGFT, the Cabinet Secretariat, and the Ministry of Home Affairs.
It also asked the companies to explain their legal basis for offering the restricted equipment for commercial sale, units of items sold in the past two years, and a complete list of similar radio-frequency-transmitting equipment offered on their platforms.
Earlier, the Authority issued an Advisory to e-commerce entities in 2022 concerning the sale or facilitation of the sale of wireless jammers to consumers through their e-commerce platforms.