Central Consumer Protection Authority issues Advisory to e-commerce entities against illegal sale and facilitation of wireless jammers
Sale and use of wireless jammers is prohibited for general consumption and its facilitation by e-commerce platforms shall be viewed as an illegal activity and a violation of consumer rights
The Central Consumer Protection Authority (CCPA) has issued an Advisory to e-commerce entities concerning selling or facilitating sale of wireless jammers to consumers through their e-commerce platforms.
Sale and use of any wireless device without authorization/license under the Indian Telegraph Act, 1885 or Indian Wireless Telegraphy Act (IWTA) 1933, unless exempted by rules, is illegal. Jammers come under the purview of IWTA, 1933 and the Act lays down that license is required for possession and use of jammers.
As per the Guidelines issued by the Government of India, Jammers may be allowed only under exceptional circumstances, only when authorized by Secretary (Security), Cabinet Secretariat. The guidelines can be accessed at https://cabsec.gov.in/others/jammerpolicy.
It may be mentioned that the Department of Telecommunication issued an Advisory on 21.01.2022 with reference to illegal facilitation and sale of wireless jammers on online platforms. Also, Department of Promotion of Industry and Internal Trade has issued a Letter to all e-commerce entities to comply with the rules and regulation laid down by the Government of India against sale and purchase of any kind of mobile jammers.
Under Section 18 of the Consumer Protection Act, 2019, CCPA is empowered to protect, promote and enforce the rights of consumers as a class, and prevent violation of consumers’ rights. Further, CCPA is empowered to prevent unfair trade practices and ensure that no person engages himself in unfair trade practices.
CCPA is continuously monitoring the consumer protection landscape in the country. Recently, CCPA issued Safety Notices under Section 18(2)(j) of the Act to alert and caution consumers against buying goods which do not hold valid ISI Mark and violate compulsory BIS standards. The first Safety Notice was issued with regard to Helmets, Pressure Cookers and Cooking gas cylinders and the second Safety Notice was issued with regard to household goods including electric immersion water heaters, sewing machines, microwave ovens, domestic gas stoves with LPG etc.
To safeguard consumer rights while shopping online, CCPA has also issued an Advisory to all marketplace e-commerce entities to ensure that details of sellers as mandated under sub-rule (5) of rule 6 of the Consumer Protection (E-commerce) Rules, 2020 including name and contact number of the grievance officer are provided in a clear and accessible manner, displayed prominently to users on the platform.