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India’s CCPA Questions Amazon’s role as Intermediary, Blames It For Sale of Faulty Cookers in Delhi HC

Amazon India has challenged a fine levied by the Central Consumer Protection Authority for its role as an intermediary of such products

Continuing the hearing in a plea filed by Amazon, the Central Consumer Protection Authority's (CCPA) cousel, Senior Advocate Rajiv Nayar said that he will be advancing submissions in terms of Section 79(3) of the Information Technology Act, specifically on the aspect of its (referring to Amazon) role as an intermediary, Livelaw reported. This is in response to a case filed by Amazon challenging CCPA's order of paying a Rs 1 lakh fine To this, Justice Jaswant Varma orally told Nayar, "Section 79, I am indicating very openly, is not impressing us. That's our first impression. What we want, our anxiety is only this that under the 2020 e-commerce Rules that have been framed, show us the obligations placed on you and how you perform." Background: The above arguments in the Delhi High Court (HC) are about a CCPA order against Amazon for selling 2,265 domestic pressure cookers which were “not conforming to mandatory standards," Medianama had reported. The CCPA had directed Amazon to recall products and return the price of pressure cookers to customers. It had also imposed an additional penalty of Rs 1 lakh. Paytm had complied to a similar order by the CCPA and paid the fine. Flipkart and Snapdeal have also been fined by the CCPA for selling 'faulty' cookers. What is Section 79(3) of the IT Act?  Section 79 of the IT Act provides 'safe harbour' for intermediaries by exempting them from certain liabilities. However, Clause 3 of Section 79 states two of the exceptions under which…

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