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Delhi High Court - Orders

Ajay Kumar Singh vs Union Of India Through Its Secretary ... on 24 November, 2022

Author: Satish Chandra Sharma

Bench: Chief Justice, Subramonium Prasad

                          $~27
                          *      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, Advocates

                                                    versus

                                 UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF
                                 CONSUMER AFFAIRS FOOD AND PUBLIC DISTRIBUTION &
                                 ORS.                                        ..... Respondents
                                               Through: Mr. Rakesh Kumar, CGSC with
                                                        Mr.Sunil, Advocates for R-1 & R-2
                                                        Mr. Faisal Shervani, Mr. Shiker Deep
                                                        Aggarwal, Mr. Shashwat Dhyani,
                                                        Advocates for R-3

                                 CORAM:
                                 HON'BLE THE CHIEF JUSTICE
                                 HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
                                              ORDER

% 24.11.2022

1. The Petitioner before this Court has filed the present writ petition as a Public Interest Litigation (PIL) in respect of e-Commerce websites selling products online products, and has prayed for issuance of appropriate writ, order or direction to ensure that e-commerce websites are in strict compliance with the provisions of Consumer Protection (E-commerce) Rules, 2020 and Legal Metrology (Packed Commodity) Rules, 2011; for mandatory declaration of details of products that are offered for sale on the websites.

2. This Court on 07.04.2022 has passed the following order:-

"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."

3. The Respondents had initially filed an affidavit, stating that necessary compliance of the statutory provisions was done by them. Subsequently, they filed an additional affidavit, whereby they apprised this Court about the actions taken against the e-commerce companies in default, and against the companies not complying with the statutory provisions under the Consumer Protection (E-commerce) Rules, 2020 and Legal Metrology (Packed Commodity) Rules, 2011.

4. Paragraph 9 of the additional affidavit reveals that as on 30.09.2022, 481 notices have been issued by the Department of Consumer Affairs to e- commerce companies for the violation of the provisions of the Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011, and 166 cases have been compounded by the companies. In about 79 cases, action has been initiated against e-commerce companies for adjudication in the appropriate Court of Law in respect of those cases which were not responded/compounded to the notices.

5. In light of the aforesaid, this Court is of the opinion that the Respondents have taken appropriate action in the matter. The Respondents have also issued advisory notices to all e-commerce entities on 03.07.2022 to ensure strict compliance with Legal Metrology (Packaged Commodities) Rules, 2011. The Respondents have also subsequently issued communications to the Controllers of Legal Metrology of all the States and Union Territories on 16.10.2022, to ensure compliance with the statutory provisions under the Legal Metrology (Packaged Commodities) Rules, 2011 on e-Commerce platforms.

6. In light of the aforesaid circulars issued from time to time and in light of the action taken by the Respondents in the mater, no further orders are required to be passed in the present writ petition as a proper mechanism is in place under the statutory provisions governing the field for taking action against those persons/companies who are in violation of these provisions as contained in Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011.

7. The petition is disposed of with the above observations.

SATISH CHANDRA SHARMA, CJ SUBRAMONIUM PRASAD, J NOVEMBER 24, 2022 Hsk/ss Signature Not Verified Digitally Signed By:RAHUL SINGH W.P.(C) 1325/2021 Page 3 of 3 Signing Date:28.11.2022 15:58:49