Protection from Unfair Trade Practices and False Advertising in Maharashtra
Reviewed by the Commoner Law Editorial Team. Sourced from Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions. State-level information reflects each state's own Acts and High Court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
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 to Do If a Seller or Advertiser in India Uses Misleading or Unfair Practices
- 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.
How Maharashtra differs from central law
Maharashtra's State Consumer Commission and District Forums regularly hear complaints about unfair trade practices including misleading advertisements, deficient services, and unfair contract terms. The Consumer Protection Act, 2019 defines unfair trade practices broadly, and the Maharashtra State Commission has applied these provisions in numerous cases.
Maharashtra also has the Maharashtra Prevention of Malpractices in the Sale of Scheduled Commodities Act, 1987, which specifically targets adulteration and malpractices in the sale of essential commodities. The state's FDA (Food and Drug Administration) actively enforces food safety standards under the Food Safety and Standards Act, 2006 and takes action against adulteration. The Commissioner of Food Safety, Maharashtra has the power to impose penalties and initiate prosecution for food adulteration.
Additional Steps in Maharashtra
File a consumer complaint at the District Consumer Forum or the State Commission. For food adulteration or unsafe products, report to the Maharashtra FDA at fdamfg.maharashtra.gov.in. Consumer Helpline: 1800-11-4000. For false advertising, complain to the Advertising Standards Council of India (ASCI) at ascionline.in.
Relevant Law: Consumer Protection Act, 2019, Sections 2(47) and 84-87; Maharashtra Prevention of Malpractices in the Sale of Scheduled Commodities Act, 1987; Food Safety and Standards Act, 2006
Common Questions
When does protection from unfair trade practices and false advertising 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 I do if I was misled by false advertising or charged above MRP by a seller in India?
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 mistakes should I avoid with protection from unfair trade practices and false advertising?
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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