CCPA fines JioMart Rs 1 lakh for misleading ads on walkie-talkies

New Delhi: The Central Consumer Protection Authority (CCPA) has imposed a Rs 1 lakh penalty on Reliance Retail Limited’s e-commerce platform JioMart for selling walkie-talkies without mandatory statutory disclosures, according to Bar and Bench.

A bench comprising 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.

Proceedings were initiated suo motu after the regulator found that walkie-talkies were being sold on JioMart without clear information on licensing requirements or compliance 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 and 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 specify the operating frequency, whether the device required a licence, or whether ETA/WPC approvals had been obtained. The Authority observed that this omission 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 such disclosures, with several operating on UHF 400–470 MHz, UHF 400–520 MHz, and VHF 130–176 MHz, all outside the licence-exempt band.

Terming the omissions a breach of Sections 2(9) (consumer rights), 2(11) (deficiency), 2(28) (misleading advertisements) and 2(47) (unfair trade practices), the CCPA stated:
“ETA certification is mandatory for any person listing, manufacturing, or selling wireless equipment in India, as it ensures consumer safety and adherence to the authorised 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 contended that it functioned only as a marketplace intermediary and that responsibility for approvals rested with sellers. The platform also stated that the listings were removed immediately after the first notice, and some links investigated were cached Google search copies rather than active pages.

The Authority rejected this defence, emphasising that online marketplaces cannot act as passive intermediaries and are required under the Consumer Protection (E-commerce) Rules, 2020 to ensure all essential information is displayed clearly.

“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.

The Authority also highlighted JioMart’s non-cooperation, noting that the company ignored notices and did not provide ETA/WPC certification details despite repeated reminders.

Invoking powers under Sections 20 and 21 of the Consumer Protection Act, the CCPA imposed a penalty of Rs 1,00,000 on JioMart for misleading advertisements and unfair trade practices. 

The authority directed that the platform ensure no walkie-talkies or other products requiring statutory approval are listed or sold without full legal compliance, and that a compliance report be submitted within 15 days.