Protection from Unfair Trade Practices and False Advertising

Source: Consumer Protection Act, 2019, ss. 2(47), 21; Advertising Standards Council of India (ASCI) Code; Competition Act, 2002

Written in plain language to promote general understanding. This is educational information, not legal advice. Based on Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions.

Indian Central Law

What is this right?

Indian law prohibits a wide range of unfair and deceptive practices by sellers and advertisers.

  • Unfair trade practices under CPA 2019 (s. 2(47)):
    • False representation of product quality, quantity, or standard.
    • Misleading price comparisons (false MRPs, fake discounts).
    • Deceptive offers and bait-and-switch advertising.
    • Offering gifts or prizes with a condition that purchasers must buy another product.
    • Hoarding or destroying goods to raise prices.
    • Charging excess over MRP on packaged goods.
  • Misleading advertisements: The CPA 2019 (s. 21) makes the endorser (celebrity or influencer) of a misleading advertisement also liable for penalties — ₹10 lakh fine (first offence); ₹50 lakh (second offence); prohibition from endorsing for up to 3 years.
  • ASCI: Self-regulatory body for advertising — complaints can be filed at ascionline.in; ASCI can ask advertisers to modify or withdraw misleading ads.
  • Competition Commission of India (CCI): Anti-competitive agreements and abuse of dominant position (e.g., platforms forcing exclusive deals on sellers) are investigated by CCI.

When does it apply?

  • A seller misrepresented a product's quality, quantity, or specifications.
  • You were lured by a fake discount or bait-and-switch offer.
  • You were charged more than the printed MRP on a packaged product.
  • An advertisement made false health or performance claims.

What should you do?

  • Complain to the Consumer Commission under CPA 2019 — unfair trade practices are explicitly actionable; the Commission can order compensation and direct the trader to stop the practice.
  • File a complaint with ASCI online (ascionline.in) for false advertising — ASCI typically responds within 10 days and advertisers are required to address upheld complaints.
  • File a complaint with the National Consumer Helpline (1800-11-4000) — a quick way to report MRP violations.
  • For systematic overcharging or price-fixing, file a complaint with the CCI (cci.gov.in).

What should you NOT do?

  • Do not take unfair trade practices as "normal" — even small overcharges (MRP violations) are actionable; the Consumer Commission can award compensation disproportionate to the price difference to deter future violations.
  • Do not confuse the Consumer Commission with the CCI — the Commission handles individual disputes; CCI handles market-level competition issues.

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