Breach Of Mandatory BIS Regulations: NCDRC Dismisses Appeal Against CCPA Order By Cloudtail India
The National Consumer Disputes Redressal Commission (NCDRC) dismissed an appeal filed by Cloudtail India Pvt. Ltd. (Cloudtail) against the order issued by the Central Consumer Protection Authority (CCPA). The CCPA's order pertained to Cloudtail’s infringement of consumer rights by selling domestic pressure cookers to consumers in breach of mandatory Bureau of Indian Standards...
The National Consumer Disputes Redressal Commission (NCDRC) dismissed an appeal filed by Cloudtail India Pvt. Ltd. (Cloudtail) against the order issued by the Central Consumer Protection Authority (CCPA). The CCPA's order pertained to Cloudtail’s infringement of consumer rights by selling domestic pressure cookers to consumers in breach of mandatory Bureau of Indian Standards (BIS) regulations.
Brief Overview:
Cloudtail is the seller of a pressure cooker known as "Amazon Basics Stainless Steel Outer Lid Pressure Cooker, 4 L (which lacks a pressure alert whistle)". This pressure cooker was available for purchase by consumers on the Amazon e-commerce platform.
In the instant case, Cloudtail was observed to be selling domestic pressure cookers to consumers in India that did not adhere to the mandatory standards and did not possess the required standard (ISI) mark, authorized by the Bureau of Indian Standards (BIS). Cloudtail continued to sell these uncertified pressure cookers even after the Quality Control Order (QCO) came into effect.
According to the QCO, in effect from February 1, 2021, domestic pressure cookers are required to meet the standards outlined in Indian Standard (IS) 2347: 2017. They must also display the standard mark granted by the BIS under Scheme-I of Schedule II of the Bureau of Indian Standard (Conformity Assessment) Regulations, 2018.
Further, it is important to note that domestic pressure cookers are commonly used household items situated in close proximity to family members. Hence, a domestic pressure cooker that fails to meet the mandatory requirements of the QCO can pose severe risks to the safety and lives of consumers and the general public.
Cloudtail contended before CCPA that it had suspended the import of these pressure cookers after the enactment of QCO.
Observations of the CCPA:
The CCPA issued an instruction to Cloudtail, directing it to recall 1,033 units of domestic pressure cookers that were sold to customers. Cloudtail was also required to refund the purchase prices of these recalled pressure cookers and provide a compliance report within 45 days. Additionally, it was fined Rs. 1 Lakh for breaching quality standards and disregarding consumer rights by selling pressure cookers that violated regulations. CCPA had observed that despite the suspension of imports, Cloudtail had continued to sell these pressure cookers to consumers, indicating a deliberate disregard for the quality standards.
Cloudtail had appealed the order of CCPA before the NCDRC which got dismissed on 23.08.2023.
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