New Delhi, March 18 Meta Platforms Inc. on Wednesday challenged a Central Consumer Protection Authority order in the Delhi High Court, imposing a ₹10 lakh penalty on it for allegedly unauthorized sale and listing of walkie-talkies on the Facebook Marketplace.
A senior counsel for Meta argued that, unlike Amazon and Flipkart, Facebook was not an e-commerce platform but merely a "notice board," and therefore, the Central Consumer Protection Authority (CCPA) has no jurisdiction over it.
Justice Purushaindra Kumar Kaurav listed Meta's petition for hearing on March 25, asking it to explain how the order can be termed "lacking jurisdiction."
The judge also asked the petitioner why the National Consumer Disputes Redressal Commission cannot consider the issue.
Senior advocate Mukul Rohatgi, appearing for Meta, argued that Facebook neither provides a mechanism for sale and purchase nor does it charge any commission from users, as it is not an e-commerce platform.
"We are not providing a 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 anyone.
"Mr. Rohatgi has a phone to sell; someone wants to buy. The platform doesn't charge anything or provide any mechanism to buy or sell. Mr. Rohatgi will have to contact him," the senior counsel explained.
In its order passed on January 1, 2026, the CCPA held that Meta violated the Consumer Protection Act and its rules and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules by allegedly permitting walkie-talkie listings on Facebook Marketplace without mandatory disclosures.
In its petition, Meta said Facebook Marketplace is a free service designed exclusively for natural persons to sell or exchange goods in a personal capacity, and businesses and commercial sellers are not allowed to create listings.
Seeking to set aside the order, the petition claimed that the CCPA acted in excess of its jurisdiction by acting on the "untenable" premise that Facebook Marketplace was subject to and governed by the legal framework for e-commerce.
The petition also claimed that the CCPA passed the order in violation of principles of natural justice.
"To circumvent the plain language of the E-Commerce Rules and clear statutory frameworks, the Authority adopts a strained interpretation under which any digital platform that hosts repeated listings of regulated goods is brought within the E-Commerce Rules.
"This approach renders the exclusion illusory and would extend the Rules to virtually every digital platform, including online newspapers and community forums, that allow users to post listings of everyday consumer items like toys, footwear and water bottles – all of which are regulated goods," the petition said.
"The resulting burden would fall squarely on natural persons selling goods in a personal capacity, as ordinary household items would suddenly trigger regulatory compliance. Such an outcome is plainly inconsistent with both the text and purpose of the E-Commerce Rules," it added.
The CCPA compounded its jurisdictional excess by ruling that it violated the intermediary guidelines, which fall within the purview of the Union Ministry of Electronics and Information Technology, the plea said.
In its January 1 order, the CCPA also directed Meta to ensure that no walkie-talkies or any other product requiring statutory approval/certification is listed, hosted, advertised or sold on its platform without full compliance with applicable laws and mandatory disclosures.
It also asked Meta to periodically undertake a self-audit to check deceptive listings and publish a certificate of such self-audit on its website in the public and consumer interest.
Earlier, the CCPA took suo motu cognisance of the "large-scale illegal listing and sale of walkie-talkies (Personal Mobile Radios) on e-commerce platforms" and imposed monetary penalties on several online marketplaces.
It identified more than 16,970 non-compliant walkie-talkie listings across platforms and issued notices to 13 e-commerce entities, including Amazon, Flipkart, Meesho, JioMart and Meta.