THE TOP COURT QUASHED THE DIRECTIONS PASSED BY P&H HC AGAINST OLX

The Top Court quashed the directions issued by Punjab and Haryana High Court to OLX India to adopt a screening instrument concerning the sellers who could post an advertisement on its Platform. "The HC did not need to pass these directions; and more particularly, without hearing the appellant".

Earlier, the Punjab & Haryana HC had issued directions to OLX India to delete all the advertisements and re-list them on the platform after attaching an open PDF file along with each advertisement, consisting of the following:-

1. At least 02 ID proofs of the person who is willing to sell a property or asking any professional service;

2. 02 phone numbers along with a screenshot/photocopy of the message sent by the server verifying the name of the owner as per their records;

3. Details of the property to be sold and a document of the title for vehicles or sale deed etc. for the property;

4. By putting this information in a PDF file, the advertisements will be accepted by OLX.

The above directions were passed while considering a case of a person impersonating someone else to upload a sale advertisement on the platform.

Before the bench headed by Justice UU Lalit along with Justices S. Ravindra Bhat and PS Narasimha, the OLX argued that it is only making available the services of an internet platform through which prospective vendors can issue advertisements soliciting responses from the purchasers. It contended that it is not the liability of OLX to guarantee the quality of the goods nor is it possible to certify the genuineness of the deal sought to be entered into.

The bench does not deal with the submissions submitted by the appellant", the bench said while quashing the interim directions issued by the HC.