Delhi High Court - Orders
Ajay Kumar Singh vs Union Of India Through Its Secretary ... on 7 April, 2022
Author: Vipin Sanghi
Bench: Navin Chawla, Vipin Sanghi
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1325/2021
AJAY KUMAR SINGH ..... Petitioner
Through: Mr.S.S.Sastry, Mr.Rajesh K.Pandit,
Mr.Brijesh Tiwari, Mr.Ankur Gosain,
Mr.S.S.Pandit, Advs.
versus
UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF
CONSUMER AFFAIRS FOOD AND PUBLIC DISTRIBUTION &
ORS. ..... Respondents
Through: Mr.Rakesh Kumar, CGSC for R-1-2.
Counsel for R-3 (appearance not
given).
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 07.04.2022
1. The grievance raised by the petitioner in the present writ petition is with regard to the non-compliance of the Consumer Protection (e- commerce) Rules, 2020 and Legal Metrology (Packaged Commodity) Rules, 2011 by several e-commerce websites.
2. The petitioner seeks a direction to the respondent authorities to ensure compliance with the aforesaid Rules and direct display of the MRP, seller details (including mandatory GSTIN Number), name of the manufacturer, and country of origin on the products offered for sale at e-commerce websites. The petitioner has impleaded some of the e-commerce websites as respondent nos.3 to 5.
3. The learned counsel for the respondent no.3 has put in appearance.
Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:08.04.2022 17:37:17He states that the respondent no.3 has been complying with the aforesaid requirements of the law and would like to file an affidavit in this regard. Let the same be filed within four weeks.
4. The respondent nos.1 and 2 have filed their counter affidavit. The stand taken by the respondents is that upon conduct of sample analysis by the Quality Council of India ('QCI'), it was found that 85 e-commerce companies are not complying with the provisions of displaying the mandatory declarations on digital networks of the Legal Metrology (Packaged Commodities) Rules, 2011 whereas 23 e-commerce companies were complying with the said provisions. Notices have been issued to e- commerce entities who are not complying with the provisions of the aforesaid Rules. It is further stated that notices have been issued to 152 e- commerce companies for violation of the provisions of the Rules, including non-declaration of the country of origin. 33 companies have compounded the offence. 9 companies are giving declarations in pictures of products or have closed their business. It is further stated that if the companies do not compound the offence, the criminal offence would be booked in the appropriate Court of law. It is further stated that whenever any violation of the aforesaid Rules comes to notice, action, as per the provisions of the Legal Metrology Act, 2009 and the aforesaid Rules, is taken against violators. The petitioner is invited to provide specific information for particular products/vendors and it is assured that action would be taken on any such information provided.
5. So far as M/s Fashnear Technologies Pvt. Ltd., which runs the website www.meesho.com, is concerned, it is disclosed that notices were issued to it vide order dated 12.01.2021 and that the said company has already Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:08.04.2022 17:37:17 compounded the offence.
6. The counter affidavit further states that necessary advisory/direction has been issued to all e-commerce entities with a copy to the Controller of Legal Metrology of all States/UTs, advising e-commerce entities to ensure compliance with the Legal Metrology (Packaged Commodities) Rules, 2011.
7. The QCI has also been asked to study the websites for ensuring compliance with the provisions of the Rules.
8. From the aforesaid, it appears that the respondents have not yet put in place a mechanism for conduct of regular checks, on priority basis, of all the e-commerce websites to ensure compliance to the aforesaid Rules. The respondents should examine this aspect and place before the Court the mechanism that they wish to evolve to ensure compliance with the aforesaid Rules on a regular basis.
9. The respondents should also file the status with regard to the notices issued to several e-commerce websites, taken note of hereinabove.
10. Affidavit in this regard shall be filed within six weeks.
11. The petitioner may respond to the said affidavit within four weeks thereafter.
12. List on 24th November, 2022.
VIPIN SANGHI, ACJ NAVIN CHAWLA, J APRIL 7, 2022 RN/U. Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:08.04.2022 17:37:17