Accusing Amazon, Flipkart, Zomato, Swiggy, and various other e-commerce entities for violation of mandatory display of Country of Origin and Manufacturer, seller Details on products sold through their respective e-Commerce Portals as required under Consumers Protection (E Commerce) Rules,2020, Legal Metrology (Packaged Commodities) Act,2011 and guidelines of Food Safety & Standards Authority of India, the Confederation of All India Traders (CAIT) in a communication sent to Union Commerce Minister Piyush Goyal, demanded immediate action against e-commerce entities including Amazon, Flipkart, Zomato, Swiggy and others. It is a case of daylight robbery of e-commerce entities in India and therefore demands immediate action against the erring e-commerce portals and online mechanism providers.
CAIT National President B.C.Bhartia & Secretary General Praveen Khandelwal in communication to Piyush Goyal said that E-commerce entities conducting business in India including Amazon, Flipkart and others are highly violating the mandatory conditions spelled out in above Acts. It is a pity that particularly in e-commerce every guidelines, Rules & Regulations, Laws and policies are being flouted openly and no Department has so far take any cognizance of compliance issues.
Bhartia & Khandelwal said that Rule 10 of Legal Metrology (Packaged Commodities) Rules,2011 provide that e-commerce entities should have to display Name & Address of the Manufacturer, Name of the Country of Origin, common/generic name of the product, net quantity, best before/use by date (if applicable), maximum retail price, dimensions of the commodity etc. This Rule was introduced in June 2017 and provided a transition period of 6 months thereby its implementation from 1st January,2018 but even after a lapse of three years, the above rules are not being complied by e-commerce companies prominently by Amazon, Flipkart etc. Failure to make declarations as above will amount to selling non-standard packages and will invite penalty under the above said Act including fine or imprisonment or both.
Both trade leaders further said that similar obligations were imposed on e-commerce food business operators vide guidelines issued by the Food Safety & Standards Authority (FSSAI) on 2 February,2017. But such FBOs like Zomato, Swiggy etc. are not complying with the above rules.
Bhartia & Khandelwal said that under Rule 4(2) of the Consumer Protection (E Commerce ) Rules,2020, it is provided that every e-commerce entity shall provide the following information in a clear and accessible manner on its platform, displayed prominently to its users, namely, legal name of the
e-commerce entity, principal geographic address of its headquarters and all branches, name and details of its website, and contact details like email address, fax, landline and mobile numbers of customer care as well as of grievance office. Similar provisions are also spelled out in Press Note 2 of the FDI Policy,2016.
However, to the best of the knowledge no e-commerce entity has appointed a Nodal Officer as also complying with above provisions. Important rights of the consumers are being violated as they are not aware of the seller or description of the product at the time of purchase of products from e-commerce portals.