New Delhi: The Central Consumer Protection Authority (CCPA) has issued Safety Notice alerting consumers against selling household goods in violation to compulsory standards as notified by the Central Government.
In exercise of powers under Section 18(2)(j) of the Consumer Protection Act, 2019, the Central Consumer Protection Authority (CCPA) has issued a Safety Notice to alert consumers against buying household goods which do not hold valid ISI Mark and violate the standards directed for compulsory use by the Central Government.
Previously, CCPA had also issued Safety Notice dated 06.12.2021 to alert consumers against buying helmets, pressure cookers and cooking gas cylinders which violate compulsory standards. Under the Consumer Protection Act, 2019, goods which violate compulsory standards are liable to be held ‘defective’.
The Safety Notices have been widely circulated among all States & UTs, Industry associations, Legal service authorities, Consumer associations and Law chairs.
CCPA has decided to take up cases involving sale or offering for sale goods which violate compulsory standards as matter of preventing unfair trade practice and to protect, promote and enforce the rights of consumers as a class. Therefore, any person found selling the household items as mentioned in the table above without conforming to compulsory standards and holding valid license as prescribed by BIS shall be liable for violation of consumer rights and unfair trade practices and face action under the Consumer Protection Act, 2019.
It may be mentioned that Nidhi Khare, Chief Commissioner, CCPA has also taken suo-moto action against e-commerce entities and sellers who were found to be selling pressure cookers in violation to compulsory standards online. 15 Notices have already been issued with respect to such violations. The cases have also been forwarded to BIS for taking necessary action under the BIS Act, 2016.
Further, Section 17 of the BIS Act, 2016 prohibits any person to manufacture, import, distribute, sell, hire, lease, store or exhibit for sale any such goods or article in violation to the direction of compulsory use of Standard Mark published by the Central Government.
Further, as per Section 29(3), any person who contravenes the provisions of section 17 shall be punishable with imprisonment for a term which may extend up to two years or with fine which shall not be less than two lakh rupees for the first contravention and not be less than five lakh rupees for the second and subsequent contraventions, but may extend up to ten times the value of goods or articles produced or sold or offered to be sold or affixed or applied with a Standard Mark, including Hallmark, or with both. Section 29(4) designates contravention of sub-section (3) as a cognizable offence.
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