The Central Consumer Protection Authority (CCPA), consumer rights regulator, has issued notices to six e-commerce platforms for listing and offering for sale restricted wireless transmitting devices such as “Anti-Drone Systems”, “Drone Jammers” and “GPS Jammers”, in an alleged violation of the Consumer Protection Act, 2019 and other applicable telecom and trade control laws.
These six e-commerce entities are as follows:
- M/s Everse,
- IndiaMart,
- Xboom,
- Javiat Aerospace,
- M/s AirONE Robotics and
- M/s Maveric Drones & Technologies Pvt Ltd.
The Central Consumer Protection Authority (CCPA), Department of Consumer Affairs, observed that these devices were being listed online without disclosure of mandatory licensing requirements, without valid Equipment Type Approval (ETA) or Wireless Planning & Coordination (WPC) certification details, without clearly stating that civilian possession and use without statutory authorisation is prohibited, and in a manner likely to mislead consumers into believing that such devices are freely purchasable.
The CCPA has directed the concerned entities to furnish detailed information, including:
- Source of procurement / import along with copies of import licences, invoices and related documents;
- Copies of regulatory approvals/authorisations obtained from WPC/DoT/DGFT/ Cabinet Secretariat/MHA;
- Legal basis for offering the restricted equipment for commercial sale;
- Number of units sold during the preceding two years along with complete purchaser details;
- Particulars of third-party sellers listing similar equipment;
- Steps taken to discontinue such listings and prevent recurrence; and
- A complete list of similar radio frequency/wireless transmitting equipment offered on their platforms.
Drone jammers and signal jamming equipment are regulated under the Indian Telegraph Act, 1885 and the Wireless Telegraphy Act, 1933, and are subject to strict licensing and regulatory control by the Department of Telecommunications (DoT) and Wireless Planning & Coordination (WPC).
Import of such restricted equipment is governed under the Foreign Trade (Development and Regulation) Act, 1992 and applicable DGFT notifications.
Such equipment is ordinarily permitted only to authorised Government agencies and law enforcement authorities, subject to statutory approvals.
The omission of material information regarding statutory restrictions and legal consequences prima facie amounts to misleading advertisement and unfair trade practice under Sections 2(47), 18 and 19 of the Consumer Protection Act, 2019.
Earlier, Central Consumer Protection Authority had issued advisory to e-commerce entities against illegal sale and facilitation of wireless jammers.
