YOU WANT TO ADVERTISE YOUR PRODUCTS, THE LEGAL IMPLICATION YOU SHOULD BEAR IN MIND UNDER CONSUMER PROTECTION ACT, 2019.

A. What is Advertisement?

‘advertisement’ means any audio or visual publicity, representation, endorsement or pronouncement made by means of light, sound, smoke, gas, print, electronic media, internet or website and includes any notice, circular, label, wrapper, invoice or such other documents;

“Its any pronouncement by means of light, sound, smoke, gas, print, electronic media, internet or website and includes ….”

 [The dictionary meaning “A person or thing regarded as a means of recommending something.”]

B) When you recommend something for some commercial purpose if your recommendation are false its triggers CPA and under the definition of :-

“Misleading advertisement” in relation to any product or service, means an advertisement, which—

  • falsely describes such product or service; or
  • gives a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; or
  • conveys an express or implied representation which, if made by the manufacturer or seller or service provider thereof, would constitute an unfair trade practice; or
  • (iv) deliberately conceals important information;

(emphasis Added)

[i.e any false description , false guarantee to   mislead consumer and false representation express or implied ]

C) When you enter into Contract with Consumer which is unfair in such a manner which affects right of the Consumer?

Unfair Contracts includes: ((emphasis Added)

  • excessive security deposits to be given by a consumer for the performance of contractual obligations; or
  • imposing any penalty on the consumer, for the breach of contract thereof which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract; or
  • refusing to accept early repayment of debts on payment of applicable penalty; or
  • entitling a party to the contract to terminate such contract unilaterally, without reasonable cause; or
  • permitting or has the effect of permitting one party to assign the contract to the detriment of the other party who is a consumer, without his consent; or
  • imposing on the consumer any unreasonable charge, obligation or condition which puts such consumer to disadvantage;

D. When you sale or supply goods using deceptive practice, you have triggered your trade as “unfair trade practice”

Unfair trade practice includes making false statement, false representation, misleading nature of use of goods and services, false warranty and guarantee, false pricing, false facts , false bargain price , false quantity, false offerings of gifts , prizes , false standards , hoarding or destruction of goods its an intention to raise price, refusing to take back the goods etc , wrong disclosure of personal information.

(emphasis Added)

In such a case of violation of Rights or unfair trade practice or false or misleading advertisement, the affected Consumer may write or in electronic mode, to District Collector or the commissioner of regional office or Central authority.

Your act can be investigated/ Inquiry by the Central authority, through its Investigation Wing

Author Bio

Qualification: LL.B / Advocate
Company: Adani Enterprises Ltd
Location: Ahmedabad, Gujarat, IN
Member Since: 15 Dec 2020 | Total Posts: 2
Handling Litigation and Drafting documents as per the business requirement. Being instrumental in analyzing Legal risk of the Business. View Full Profile

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