The Central Consumer Protection Authority (CCPA) has imposed a penalty of ₹1 lakh on a walkie-talkie seller for misleading advertisements and failing to disclose essential regulatory information, including operating frequencies, licensing requirements and mandatory approvals.
The action is part of a broader crackdown on misleading advertisements and unfair trade practices involving the online sale and promotion of personal mobile radios. The authority has identified more than 16,970 non-compliant product listings across e-commerce platforms and issued notices to 13 entities.
The CCPA, headed by Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra, found that the seller’s website listings did not adequately disclose the devices’ operating frequencies, applicable licensing conditions and regulatory approvals. Such omissions could mislead consumers into believing that the devices could be operated legally without the necessary authorisations.
During the proceedings, the seller submitted that it held a valid Dealer Possessing Licence and that the devices had the required Equipment Type Approval certifications. It also argued that its website was primarily intended to provide information and generate leads rather than facilitate direct online transactions.
However, the authority held that regulatory approvals did not exempt advertisers from providing complete and accurate information to consumers. It clarified that promotional claims on websites fall within the ambit of the Consumer Protection Act, 2019, even when the platforms do not facilitate direct sales.
Under the 2018 rules governing low-power radio devices, walkie-talkies operating in the 446.0–446.2 MHz frequency band may be exempt from licensing, subject to prescribed conditions. Devices operating outside this band are subject to applicable regulatory requirements, making disclosure of operating frequencies essential.
The CCPA had earlier taken suo motu cognisance of walkie-talkie listings that allegedly lacked mandatory disclosures and issued notices to 13 e-commerce entities. It has since passed final orders against 12 entities, imposing cumulative penalties of ₹58 lakh for misleading advertisements and unfair trade practices. Five entities were fined ₹10 lakh each, while seven others received penalties of ₹1 lakh each.
Some entities have challenged the proceedings or orders before judicial forums, with the cases pending before the relevant courts and consumer dispute redressal commission. In one case, the commission directed a company to deposit its penalty.
The authority reiterated that advertisements and product listings must clearly disclose operating frequencies, licensing conditions and other material regulatory requirements to help consumers make informed decisions and avoid potential legal and financial consequences.
