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Flipkart challenges CCPA penalty over non-BIS compliant toys in Karnataka HC

Flipkart has approached the Karnataka High Court to contest a Rs 5 lakh fine imposed by the Central Consumer Protection Authority (CCPA) for selling toys t…

Flipkart has approached the Karnataka High Court to contest a Rs 5 lakh fine imposed by the Central Consumer Protection Authority (CCPA) for selling toys that did not meet Bureau of Indian Standards (BIS) norms. The court issued a notice to the CCPA on September 3 in the case Flipkart Internet Private Limited v. Central Consumer Protection Authority, WP 27949/2026, with the company arguing that the CCPA lacked jurisdiction to levy the penalty.

Senior Advocate Vikram Huilgol, representing Flipkart, argued that enforcement of BIS compliance falls under the Bureau of Indian Standards Act, 2016, which designates a specific authority for such matters. He described the penalty as a violation under the BIS Act rather than the Consumer Protection Act. The presiding judge, Justice Suraj Govindaraj, expressed frustration at Flipkart's reluctance to pay, suggesting the fine was minor and warning of potential increases. Flipkart stated it would pay the fine under protest while pursuing its legal challenge.

The CCPA's order dated August 19 not only imposed the fine but also rejected Flipkart's claim to safe harbour protections under Section 79 of the Information Technology Act. This decision has broader implications for e-commerce platforms, potentially affecting their liability for third-party product compliance. The case highlights ongoing regulatory tensions between consumer protection authorities and digital marketplaces regarding product standards enforcement.

The Karnataka High Court's notice to the CCPA marks a key procedural step in the dispute, with further hearings expected to clarify the scope of regulatory authority over e-commerce product compliance. The case number is WP 27949/2026, and the next court date has not been announced, according to medianama.com.

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