Protection from Unfair Trade Practices and False Advertising in West Bengal

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

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

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 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.

West Bengal Law

How West Bengal differs from central law

Unfair trade practices in West Bengal are addressed under the Consumer Protection Act, 2019 and regulated by the Central Consumer Protection Authority (CCPA). The Act defines unfair trade practices broadly, including false or misleading advertisements, offering gifts or prizes with intent to sell defective goods, non-compliance with product safety standards, and hoarding or destruction of goods.

The CCPA can investigate unfair trade practices on its own (suo motu) or upon complaint, and can issue directions to traders and impose penalties. In West Bengal, the District Consumer Forums and the State Consumer Commission handle individual complaints involving unfair trade practices. The state has also seen action under the Legal Metrology Act, 2009 (enforced by the Department of Consumer Affairs, WB) against short-weighing, MRP violations, and adulteration.

West Bengal has a network of Fair Price Shops under the Public Distribution System, and complaints about PDS-related malpractices (diversion, adulteration of foodgrains) can be filed with the Food and Supplies Department. The state also has a price monitoring cell that tracks essential commodity prices and takes action against hoarding and black-marketing under the Essential Commodities Act, 1955.

Additional Steps in West Bengal

File a consumer complaint at your District Consumer Forum for unfair trade practices. For misleading advertisements, complain to CCPA through the National Consumer Helpline (1800-11-4000) or consumerhelpline.gov.in. For MRP violations and short-weighing, contact the Controller of Legal Metrology, West Bengal. For PDS-related complaints, contact the Food and Supplies Department or call the state food helpline. Keep all evidence including receipts, advertisements, and photographs.

Relevant Law: Consumer Protection Act, 2019, Sections 2(47) and 18; Legal Metrology Act, 2009; Essential Commodities Act, 1955

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.

Protection from Unfair Trade Practices and False Advertising in other states

Same topic, different jurisdiction. Pick the one that applies to you.