Protection from Unfair Trade Practices and False Advertising — Maharashtra
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?
The most underused part of the CPA 2019 is the section on misleading advertisements. After decades of celebrities cheerfully endorsing whatever paid them, the new Act made them personally liable. Suddenly the influencer in the testimonial has skin in the game.
- Unfair trade practices (s. 2(47)):
- False representation of quality, quantity or standard.
- Misleading price comparisons — false MRPs, fake "was" prices, inflated discounts.
- Bait-and-switch and deceptive offers.
- "Free gift" offers conditional on buying something else.
- Hoarding or destroying goods to push prices up.
- Charging more than MRP on packaged goods.
- Misleading advertisements (s. 21): the endorser — celebrity or influencer — can be fined ₹10 lakh for the first offence, ₹50 lakh for the second, and barred from endorsing anything for up to three years. This was a deliberate culture shift.
- ASCI (ascionline.in) is the self-regulatory body for advertising. Complaints filed there typically draw a response in 10 days, and advertisers must address upheld findings.
- Competition Commission of India (CCI): for anti-competitive agreements and abuse of dominance — platforms forcing exclusivity on sellers, predatory pricing — file at cci.gov.in.
When does it apply?
- A seller misrepresented a product's quality, quantity, or specifications.
- You were lured by a fake discount or a bait-and-switch.
- You were charged above the printed MRP on a packaged item.
- An advertisement made unverifiable health or performance claims.
What to Do If a Seller or Advertiser in India Uses Misleading or Unfair Practices
- File at the Consumer Commission under the CPA 2019. Unfair trade practices are actionable on their own — the Commission can award compensation and order the trader to stop.
- For false ads, file with ASCI at ascionline.in. The response is usually within 10 days, and brands routinely pull or modify ads when ASCI rules against them.
- For MRP violations, the fastest channel is the National Consumer Helpline at 1800-11-4000.
- For systematic overcharging or price-fixing across an industry, take it to the CCI.
What should you NOT do?
- Do not shrug off small unfair practices as "normal." Even minor MRP overcharges are actionable, and Commissions often award compensation well above the price difference to deter the practice.
- Do not mix up the Consumer Commission with the CCI. The Commission settles individual disputes; the CCI tackles market-level competition issues. Wrong forum, wrong remedy.
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
What is the protection from unfair trade practices and false advertising right in India?
The most underused part of the CPA 2019 is the section on misleading advertisements. After decades of celebrities cheerfully endorsing whatever paid them, the new Act made them personally liable. Suddenly the influencer in the testimonial has skin in the game.Unfair trade practices (s. 2(47)):False representation of quality, quantity or standard.Misleading price comparisons — false MRPs, fake "was" prices, inflated discounts.Bait-and-switch and deceptive offers."Free gift" offers conditional on buying something else.Hoarding or destroying goods to push prices up.Charging mo...
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 a bait-and-switch.You were charged above the printed MRP on a packaged item.An advertisement made unverifiable health or performance claims.
What should I do if I was misled by false advertising or charged above MRP by a seller in India?
File at the Consumer Commission under the CPA 2019. Unfair trade practices are actionable on their own — the Commission can award compensation and order the trader to stop.For false ads, file with ASCI at ascionline.in. The response is usually within 10 days, and brands routinely pull or modify ads when ASCI rules against them.For MRP violations, the fastest channel is the National Consumer Helpline at 1800-11-4000.For systematic overcharging or price-fixing across an industry, take it to the CCI.
What mistakes should I avoid with protection from unfair trade practices and false advertising?
Do not shrug off small unfair practices as "normal." Even minor MRP overcharges are actionable, and Commissions often award compensation well above the price difference to deter the practice.Do not mix up the Consumer Commission with the CCI. The Commission settles individual disputes; the CCI tackles market-level competition issues. Wrong forum, wrong remedy.
Protection from Unfair Trade Practices and False Advertising in other states
Same topic, different jurisdiction. Pick the one that applies to you.
- Uttar PradeshProtection from Unfair Trade Practices and False Advertising
- Tamil NaduProtection from Unfair Trade Practices and False Advertising
- KarnatakaProtection from Unfair Trade Practices and False Advertising
- West BengalProtection from Unfair Trade Practices and False Advertising
- DelhiProtection from Unfair Trade Practices and False Advertising
- KeralaProtection from Unfair Trade Practices and False Advertising
- GujaratProtection from Unfair Trade Practices and False Advertising