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The Central Consumer Protection Authority (CCPA) has increased its strictness against those who violate standards related to the protection of consumer rights and national security in the country. In this series, the authority has taken strict action against the company selling walkie-talkie sets on popular e-commerce platforms without any valid license, mandatory certification and necessary regulatory approvals. A heavy fine of ₹ 1,00,000 (Rs 1 lakh) has been imposed on the company concerned for ignoring rules and promoting unfair trade practices. Along with this, the authority has also issued strict orders to the company to immediately stop the sale of all those non-compliant walkie-talkie sets and recall them from the customers. This action is a strong message to all those online sellers who sell sensitive electronic gadgets flouting security standards.
During investigation, CCPA and concerned technical experts found that these walkie-talkie sets listed online were in flagrant violation of the provisions of Indian Telecom Rules and Consumer Protection Act. The biggest drawback was that these devices were working on such radio frequency bands, for the use of which it is legally mandatory to obtain a special license and Equipment Type Approval (ETA) from the Department of Telecommunications (DoT) and Wireless Planning and Coordination (WPC) wing. The selling company did not give clear information to the customers in the product description that a government license is required to operate these devices. Customers were kept in the dark and given the impression that these were ‘plug and play’ toys or simple gadgets, whereas using such wireless transmitters on unlicensed frequencies is a punishable offense under the Indian Wireless Telegraphy Act.
The Authority takes the view with utmost seriousness that open sale of unauthorized walkie-talkie sets is not just a business fraud but can directly compromise public security and the national communication network. If unpermitted wireless devices operate on restricted frequencies, they can cause serious interference to official radio signals of police, emergency services (ambulance, fire brigade), railways and aviation. The uncontrolled use of such unlicensed transmitters in densely populated and sensitive cities like Lucknow, Delhi, Mumbai also poses a big challenge for the security agencies. This is why the CCPA considered this a serious security lapse, not just a violation of consumer rights, and took immediate punitive measures.
Through this order, CCPA has also strongly warned all the major e-commerce marketplaces of the country to thoroughly check the listings of all wireless and telecom equipment sold on their platforms. Valid documents of ETA approval of WPC and import license must be obtained from the seller before listing any wireless transmission equipment, signal booster, jammer or walkie-talkie. If any platform allows uncontrolled sale of devices without statutory approval on its portal, then legal action can be taken against that intermediary platform as an accomplice under the Consumer Protection Act. Furthermore, the company has also been directed to refund full money to all customers who purchased these devices under the misconception that they were completely legitimate.
This action is also a big lesson for the common consumers to exercise utmost caution while purchasing any wireless or radio frequency based equipment online. If you are buying a walkie-talkie for security, event management, tracking or children’s use, first ensure whether the product is authorized by the government for ‘license-free bands’ in India (like 865-867 MHz or other de-licensed spectrum). Be sure to check the ETA certification number of the WPC on the product packaging and listing. Purchasing and using an unlicensed high-power transmitter can unknowingly get you into legal trouble and heavy fines. If any kind of misleading listing or fraud is noticed, consumers can immediately register their complaint on ‘National Consumer Helpline’ (NCH).