Meta Moves Delhi High Court Against CCPA Order Imposing ₹10 Lakh Fine Over Alleged Illegal Sale Of Walkie-Talkies On Facebook Marketplace

Meta Platforms on Wednesday moved the Delhi High Court against an order of the Central Consumer Protection Authority (CCPA) imposing Rs. 10 lakh penalty over alleged unauthorised sale and listing of walkie-talkies on Facebook Marketplace.

Justice Purushaindra Kumar Kaurav asked Meta to satisfy how the impugned decision could be termed to be without jurisdiction and listed the matter for hearing on March 25.

In January, the CCPA had taken suo motu cognisance of the “large-scale illegal listing and sale of walkie-talkies” on e-commerce platforms for violations of consumer protection and telecom regulations.

Notices were issued to 13 e-commerce entities, including Amazon, Flipkart, Meesho, JioMart, Meta (Facebook Marketplace), Talk Pro, Chimiya, MaskMan Toys, India Mart, TradeIndia, Antriksh Technologies, Vardaanmart and Krishna Mart.

Senior Advocate Mukul Rohatgi appearing for Meta Platforms today submitted that the impugned order has far reaching consequences and that Meta works entirely differently than Amazon and Flipkart.

He said that unlike Amazon and Flipkart, Meta (Facebook) is not an e-market but merely a “notice board”. He said that Facebook neither provides a mechanism for sale and purchase nor does it charge any commission from the users as it is not an e-commerce platform.

“We are not providing virtual Khan Market. This is a notice board meant only for Facebook users. We are not a shop. No commercial sales are allowed. No consideration is charged. We don't charge anybody,” he said.

Justice Kaurav then asked Rohatgi as to why the issue cannot be considered by the National Consumer Disputes Redressal Commission (NCDRC).

The Court also asked Rohatgi to satisfy it on the aspect of jurisdiction on the next date of hearing.

It is Meta's case that Facebook Marketplace is a “free service” designed for natural persons to sell or exchange goods in a personal capacity, and businesses and commercial sellers are not allowed to create listings.

Title: Meta Platforms v. Union of India & Ors