#DelhiHighCourt hearing a plea by Amazon Seller Services Pvt. Ltd. challenging an order of the CCPA imposing fine of Rs. 1lac for selling pressure cookers without Bureau of India Standard (BIS) mark.
The Court passed over the matter.
#amazon #CCPA #BISmark
The Court passed over the matter.
#amazon #CCPA #BISmark
Counsel for Amazon argues that the order is completely based on conjuncture.
Quoting from the order of CCPA, counsel states that "who has determined this?"
Quoting from the order of CCPA, counsel states that "who has determined this?"
Court- You don't have the BIS mark?
Counsel- I don't know! We don't know! Nobody knows! Nobody has done an investigation. They are only presuming. This is.
Counsel- I don't know! We don't know! Nobody knows! Nobody has done an investigation. They are only presuming. This is.
*This is is all based on assumption. There must be a report. There must be an investigation!
Counsel for Amazon argues there must be an element of investigation. It is further argues that in the paras of the order, where is the investigation?
Court asks the CCPA counsel what is the nature of enquiry you made in the pressure cookers without BIS mark?
Court asks the CCPA counsel what is the nature of enquiry you made in the pressure cookers without BIS mark?
Counsel for CCPA states that the investigation only confirms what the manufacturer said, that there is no BIS mark.
Court- What are the obligations we can apply on the petitioner be it Amazon or Snapdeal?
On the fact that you had an investigation, when did you inform the petitioner.
Counsel for CCPA we didn't inform them, because they are just an intermediary.
On the fact that you had an investigation, when did you inform the petitioner.
Counsel for CCPA we didn't inform them, because they are just an intermediary.
Counsel fo CCPA states that being an intermediary they charge fees...it is a clear breach here.
If they are sued in case of any problem, they have an intermediary contract among themselves, the manufacturer will be held, they'll claim compensation from the manufacturers.
If they are sued in case of any problem, they have an intermediary contract among themselves, the manufacturer will be held, they'll claim compensation from the manufacturers.
Court directs counsel for CCPA to file report.
Counsel for CCPA- We will! But kindly put a stay on it! My lord!
Counsel for CCPA- We will! But kindly put a stay on it! My lord!
Court questions the CCPA whether they have taken any action against the manufacturers. So that it is not sold in open market.
Counsel for CCPA informs they are doing it.
Counsel for CCPA informs they are doing it.
Court directs to file a counter- affidavit.
Taking note of the submissions, as the petitioner was not made aware of the investigation by CCPA.
Court directed Amazon to pay Rs.1lac within one week.
Taking note of the submissions, as the petitioner was not made aware of the investigation by CCPA.
Court directed Amazon to pay Rs.1lac within one week.
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