Dugong International Pvt. Ltd. v. Union of India

1. The present petition has been filed seeking directions against the respondent thereby directing the respondent to quash the pending actions against the petitioner and revoke the previous suspension of accounts of the petitioner, with removal of warning signs shown against the petitioner, as “9 times suspended seller & delivered fake and counterfeit products”.

2. Ms. Chaahat, learned counsel for the petitioner submits that the petitioner is a registered seller of Computer Hardware Products under the respondent, i.e., Government E-Marketplace (“GEM”). It is submitted that the petitioner had been selling computer products after posting products on the respondent‟s platform, and participating in bids floated by the buyers.

3. It is submitted that the website of the respondent suffers from technical discrepancies and as a consequence of which, inadvertent clerical mistakes cannot be rectified, once they are published on E-platform. It is submitted that deficiencies in the architectural designs of the website were pointed out to the respondent vide a detailed representation dated 29th December, 2023, elaborating on how the process can be streamlined. The petitioner also offered solutions in the said representation to the respondent.

4. It is submitted that disputes arose when similar sellers, akin to the petitioner, raised incidents with the respondent on the ground that the product specification uploaded by the petitioner qua „Intel Core Processor‟, as 10-cores, instead of 6-cores, with regard to petitioner‟s products, uploaded in the respondent‟s platform. Learned counsel appearing for the petitioner submits that this was due to systematic errors and inadvertent manual errors.

5. It is submitted that a total of 9 such incidents have been reported against the petitioner. Although sufficient replies were furnished by the petitioner, the respondent proceeded to suspend the account of the petitioner on the website for the same incidents. Thus, it is submitted that the petitioner suffers from losses monetary-wise and reputation-wise. It is submitted that the action of the respondent in suspending the account amounts to infringement of rights of the petitioner under Article 19(1)(g) of the Constitution of India.

6. This Court notes that following prayers have been made in the present petition: “1. Issue a Writ of Mandamus, Order or Direction against the Respondent to quash and set aside both pending actions/ incidents bearing Nos.1757272 and 1771585, and to quash both pending incidents;

2. Revoke the previous suspension of accounts of the Petitioner with removal of warning signs shown against the Petitioner as “9 times suspended seller & delivered fake and counterfeit products”;

3. Direct the Respondent to consider the Written Representation dated 29/12/2023 within a stipulated time period, and pass a reasoned Order after affording a personal hearing. xxx xxx xxx”

7. As regards prayer 1, learned counsel for the respondent submits that the respondent has already taken action to remove the suspension of accounts of the petitioner, and no actions/incidents are pending against the petitioner, as on date.

8. Learned counsel for the respondent further submits that two weeks‟ time may be granted to the respondent to revoke the previous suspension of accounts of petitioner, in terms of prayer 2.

9. She further submits that the respondent shall consider the representation dated 29th December, 2023 of the petitioner and is also willing to give a personal hearing to that account, in terms of prayer 3.

10. Accordingly, considering the submissions made before this Court, it is directed that respondent shall revoke the previous suspension of accounts of the petitioner with removal of warning signs shown against the petitioner, as “9 times suspended seller & delivered fake and counterfeit products” within a period of two weeks from today.

11. It is directed that the respondent shall give notice of hearing to the petitioner on the postal address as well as through E-mail, as given in the Memo of Parties in the present petition. After granting personal hearing to the petitioner, the written representation dated 29th December, 2023 shall be decided by way of a reasoned order by the respondent, expeditiously, preferably within a period of eight weeks from today.

12. With the aforesaid directions, the present petition is disposed of. MINI PUSHKARNA, J AUGUST 14, 2024