IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR. L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.48623 OF 2018 (GM-RES) PIL BETWEEN:
ANTI-CORRUPTION COUNCIL OF INDIA, HAVING ITS OFFICE AT NO.27/3, BPH 4TH FLOOR, SUMMIT APARTMENT, SANKEY ROAD, BENGALURU-560 001, REPRESENTED BY ITS CHAIRMAN, MR.HUSSAIN MUEEN FAROOQ.
(BY SMT.B.SUDHA, ADVOCATE) AND:
1. THE SECRETARY, DEPARTMENT OF CONSUMER AFFAIRS, MINISTRY OF CONSUMER AFFAIRS & PUBLIC DISTRIBUTION, GOVERNMENT OF INDIA, KRISHI BHAWAN, NEW DELHI-110 114.
2. THE SECRETARY, MINISTRY OF ELECTRONICS & INFORMATION TECHNOLOGY, GOVERNMENT OF INDIA, NEW DELHI-110 114.
... PETITIONER 3. THE PRINCIPAL SECRETARY, MINISTRY OF IT & BT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560 001.
4. THE PRINCIPAL SECRETARY, (e-biz, KARNATAKA), DEPARTMENT OF INDUSTRIES & COMMERCE, NO.106, 1ST FLOOR, VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001.
... RESPONDENTS (BY SRI.G.D.SRINIVAS, CGC FOR R1 & R2, SRI.D.NAGARAJ, AGA FOR R3 & R4) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO TAKE ACTION AGAINST COUNTERFEIT SUPPLIERS AND DIRECT TO DEPARTMENT OF CONSUMER AFFAIRS TO ESTABLISH VIGILANCE AUTHORITY FOR ONLINE MARKETING PORTALS TO KEEP CHECK ON THE ONLINE SELLERS TO MAKE SURE THAT THEY ARE ACTING IN CONFORMITY WITH ONLINE SELLING REGULATIONS AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR, J., MADE THE FOLLOWING:
ORDER Petitioner claims to be an organization interested in eradicating corruption. It has filed this petition in public interest with a prayer for a writ of mandamus and to direct Department of Consumer Affairs to establish a Vigilance Authority to check online marketing portals to safeguard interests of consumers.
2. It is urged by learned advocate for the petitioner that E-Commerce market is not customer friendly so far as ‘return’ and ‘refund’ policies are concerned. Large companies involved in E-Commerce state in their disclaimer clauses that they will not be liable for damages of any kind.
3. Thus, in substance, learned advocate for the petitioner submits that E-Commerce facility must be ‘user friendly’ and accordingly, prays for a direction to the Ministry of Consumer Affairs to establish a Vigilance Authority.
4. We are now living in a global village. Marketing through internet is the order of the day. This petition is filed by an organization seeking general directions. No person affected by the present E-Commerce facility has approached this Court with any grievance.
5. In the circumstances, we see no public interest involved in this petition. Accordingly, the petition is dismissed. No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VK/-