Access the official copy of the order here.
Hogar Technologies and Innovations LLP has been fined Rs 1 lakh by the Central Consumer Protection Authority (CCPA) for advertisements on its websites about walkie-talkies that do not inform buyers about operating frequencies or the licences required. The company argued that the website only contained product information and collected leads, but the CCPA rejected this argument.
In the order, the CCPA says that, under consumer law, a website’s obligations depend on what it does for consumers, regardless of how the business describes it. “CCPA is of the view that regulatory obligations under consumer law must be determined by the functional role and consumer impact of the platform, and cannot be avoided by platform design choices or self-characterisation,” the order says. Previously, marketplaces such as JioMart, Meesho and Flipkart were fined by the authority over walkie-talkie listings. This order extends the CCPA’s action to a dealer’s own catalogue website.
What was wrong with the listings?
Only low-power radio devices, such as personal mobile radios operating in the 446.0–446.2 MHz band, are exempt from licensing requirements under the 2018 rules governing radio devices and licensing. All other devices require Equipment Type Approval from the Department of Telecommunications’ Wireless Planning and Coordination (WPC) Wing.
The CCPA found listings on Hogar’s website, htiindia.com, “wherein material information concerning operating frequencies and applicable licensing requirements was either absent or inadequately disclosed”. The walkie-talkies “were advertised as offering high-range communication, indicating potential operation on frequency bands not exempted under the applicable Rules”, the authority noted.
What did Hogar argue?
Muhammed Nasim Palakkal, Hogar’s chief executive, appeared at the hearing on June 15, 2026. According to the order, the company made the following arguments:
- The website “did not have any payment gateway or online shopping cart” facility. Instead, interested customers had to fill out a lead form, after which company representatives would contact them.
- The walkie-talkies listed on the website “were appropriately categorised as licence-free or licence-required devices“.
- The company held a Dealer Possessing Licence from the WPC Wing, as well as Equipment Type Approval certificates. It also claimed that WPC officials had inspected its equipment.
- The company told the authority that it had shifted its radio business to another firm and now dealt in solar and renewable energy products.
The CCPA sent its notice on June 12, 2025, and Hogar replied on January 21, 2026. The company attributed the delay to the notice being sent to its “general email address, which primarily handles marketing and promotional communications”. However, the investigation report also noted that the company “has not cooperated with the investigation proceedings“.
Why does the ‘no checkout’ argument fail?
The CCPA held that product pages on a website qualify as advertisements under the Consumer Protection Act, 2019, regardless of whether a sale takes place. Therefore, the authority said, the lead-generation argument “does not, by itself, exclude the representations made thereon from the ambit of an advertisement under Section 2(1)”.
The authority also interpreted the Act’s definition of e-commerce broadly, describing it as “deliberately broad“. It held that the definition “encompasses the buying or selling of goods over a digital network, irrespective of the mode of payment or checkout functionality”.
Further, holding a dealer licence or obtaining type approval “does not, by itself, discharge its obligation to provide accurate, complete and material information to consumers at the pre-purchase stage”. The company’s licences, therefore, did not absolve it of its consumer protection obligations.
The order went on to describe Hogar as “a platform architected and administered by the opposite party for the facilitation of such transactions on a regular and ongoing basis, and therefore falls outside the protective ambit of the Act and allied Rules”. The order does not clarify which protections this passage refers to.
The CCPA also clarified that “the present proceedings do not seek to determine or adjudicate upon any contravention of such licensing requirements”, leaving Hogar’s compliance with telecom licensing laws outside the scope of the proceedings.
What must Hogar do now?
The CCPA The CCPA has directed the company to:
- Pay a penalty of Rs 1 lakh “for indulging in misleading advertisement and unfair trade practice”.
- Ensure that “no walkie-talkies or any product requiring statutory approval/certification is listed, hosted, advertised or sold on its platform without full compliance with applicable laws and mandatory disclosures”.
- Conduct periodic self-audits and publish an audit certificate on its website.
- File a compliance report within 15 days of receiving the order.
The CCPA said it had considered the company’s licences, listings and commitment to compliance while arriving at its decision.
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