CCPA order on misleading walkie-talkie listings: licensing disclosures held mandatory

Nature of proceeding and background

The Central Consumer Protection Authority (CCPA) initiated suo motu action against Sanchar Wireless Communications Ltd. in relation to how walkie‑talkie devices were being displayed and promoted on its website. The core allegation was that the online listings and advertisements did not clearly disclose that many of these devices required licences and regulatory approvals before being purchased, possessed or operated.

Proceedings were commenced under Section 19 of the Consumer Protection Act, 2019, which permits the CCPA to inquire into alleged violations of consumer rights, misleading advertisements, and unfair trade practices. The Authority’s concern was not primarily about the legality of manufacturing or selling the products as such, but about the manner in which these devices were advertised and presented to consumers on a digital platform.

Regulatory framework for walkie‑talkies

Wireless law and specific exemption rules

The CCPA first examined the legal regime governing walkie‑talkies and similar radio‑communication devices:

  • Use of such equipment is regulated under the Indian Wireless Telegraphy Act, 1933 and the Indian Telegraph Act, 1885.
  • The Wireless Planning and Coordination (WPC) Wing of the Ministry of Communications is the competent authority overseeing frequency allocations, licensing and approvals.
  • The Use of Low Power and Very Low Power Short Range Radio Frequency Devices (Exemption from Licensing Requirement) Rules, 2018 lay down:
    • Which devices are exempt from licensing.
    • The conditions and frequency ranges within which such exemption is available.
    • The processes for Equipment Type Approval (ETA) and related compliances.

Under Rule 3, Table V of these 2018 Rules, Personal Mobile Radios (PMRs) that operate strictly within the 446.0–446.2 MHz band are exempt from the ordinary licensing requirement. Any device operating outside this narrow band remains subject to:

  • Equipment Type Approval (ETA) from the WPC Wing.
  • Further clearances (including from the Directorate General of Foreign Trade (DGFT)) before import.
  • Ongoing adherence to radio frequency (RF) norms to avoid interference and security risks.

The CCPA stressed that this exemption is tightly framed, given the sensitivity of spectrum use and its implications for public safety and national security. The licence‑free window is intended only for low‑power, short‑range devices in limited civilian contexts, not for high‑range or broad‑band operation.

Consumer rights under the Consumer Protection Act, 2019

The Authority linked these technical rules to core consumer rights under Section 2(9) of the Consumer Protection Act, 2019, particularly:

  • The right to be informed about the standard, quality and genuineness of goods and services.
  • The right to be protected against hazardous products.
  • The right to consumer awareness so that purchasing decisions are fully informed.

In this context, the CCPA held that whether a walkie‑talkie is licence-free or licence‑regulated, and whether it holds valid ETA/WPC approvals, is material information for any consumer who may buy or use such products.

Initial CCPA findings and notice

On examination of Sanchar Wireless Communications Ltd.’s website (https://www.antrikshonline.com/), the Authority recorded that:

  • Product listings for walkie‑talkies did not specify the operating frequency range.
  • There was no clear indication whether particular models:
    • fell within the 446.0–446.2 MHz licence‑free band, or
    • operated on other bands requiring licences and ETA.
  • Listings generally omitted licensing requirements, regulatory conditions, and eligibility of purchasers.

The CCPA concluded that these omissions could lead a consumer to assume that the devices were “legal for unrestricted use”, thereby:

  • Impairing the right to information.
  • Constituting misleading advertisements and unfair trade practices under Sections 2(28) and 2(47) of the Consumer Protection Act, 2019.
  • Violating obligations under the Consumer Protection (E-Commerce) Rules, 2020, which require that important information be clearly and prominently displayed.

Reference to misleading advertisement guidelines

The Authority also looked at:

  • Section 2(28) – definition of “misleading advertisement”.
  • The Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, notably Guidelines 4 and 12, which require that:
    • Claims must be truthful and not exaggerated.
    • Assertions must be capable of substantiation.
    • Material qualifications and conditions must not be concealed.

The product listings, in the CCPA’s prima facie view, breached these standards.

Notice to the company

Accordingly, on 12.06.2025, the CCPA issued a notice to Sanchar Wireless Communications Ltd. calling for explanation and detailed information, including:

  1. Names and contact details of all sellers.
  2. URLs and listing IDs for each walkie‑talkie model.
  3. Frequency specifications and any licensing information appearing on those listings.
  4. Whether ETA/WPC certifications had been obtained or verified.