CCPA issues notice to Flipkart and meesho.com for selling acid on their platforms

The notices follow reports that culprits in a recent acid attack on a 17-year-old girl in Delhi had purchased the acid from Flipkart.

"CCPA has sent notices to two e-commerce entities, namely Flipkart Internet Pvt Ltd and Fashnear Technologies Pvt Ltd (meesho.com) for gross violations relating to sale of acid reported on their platforms. It has directed these entities to furnish detailed responses within 7 days," the Ministry of Consumer Affairs said in a statement.

CCPA, being the watchdog of consumer interest in India, has come across the sale of highly corrosive acids on these e-commerce platforms.

It has questioned the easy and unregulated availability of such acids on these e-platforms.

Availability of hazardous acids in such accessible manner can be dangerous and unsafe for consumers and to public at large, the ministry said.

“It may be mentioned that in furtherance of the directions of Hon’ble Supreme Court in the matter of Laxmi vs Union Of India &Ors [(2014) 4 SCC 427], the Ministry of Home Affairs, Government of India had issued an Advisory on ‘Measures to be taken to prevent acid attacks on people and for treatment and rehabilitation of survivors’ on 30th August 2013, wherein all the states/UTs were advised to take immediate steps to implement the measures mentioned therein for reduction of acid attacks and treatment and rehabilitation of acid attack survivors as well as any other measure as may be deemed fit,” the ministry noted.

Several states/UTs have already issued guidelines to regulate the sale of acids. Since these e-commerce platforms operate and deliver their products across the length and breadth of the nation, they have been asked to provide the checks and compliances undertaken by them in this regard.

CCPA, on a suo moto examination of online sale of corrosive acids, came across Meesho and found it to be selling such acids in violation of directions of the Supreme Court as well as the Advisory issued by the Ministry of Home Affairs.

Any non-compliance by these e-commerce entities with the directions of CCPA’s notices will be strictly dealt with as per the provisions of the Consumer Protection Act, 2019, it said.

The ‘consumer rights’ as defined under Section 2(9) of the Consumer Protection Act, 2019 includes the right to be protected against the marketing of goods, products, or services which are hazardous to life and property.

The sale of highly corrosive acids in an easy, accessible and unregulated manner without any due diligence whatsoever by the e-marketplace entity can lead to disastrous consequences for the consumers, especially the vulnerable sections of society, namely women and children.

As per Section 4 (3) of Consumer Protection (E-Commerce) Rules, 2020, no e-commerce entity shall adopt any unfair trade practice, whether in the course of business on its platform or otherwise.

Considering the urgent need and attention, CCPA has taken suo moto note of the present matter, as under Section 18 (1) of the Consumer Protection Act, 2019 which empowers it to protect, promote and enforce the rights of consumers as a class, and prevent violation of consumer rights, as well as prevent unfair trade practices and ensure that no person engages himself in such practices.

Through this intervention, CCPA wishes to strengthen the interest of consumers and is committed towards safety and protection of their well-being.