- Legal Research
- Find a Lawyer
- Hall of Fame
- Professional Services
- Legal Consultation
- Legal Help
Living in an age of advertisement, we are perpetually disillusioned. The perfect life is spread before us every day, but it changes and withers at a touch -J. B. Priestley.
Some of the ad men and brands have taken the quote quite literally. As a consumer a tempting advertisement on television, at times makes us buy products that we don't even need. Imagine the impact when we are looking out to buy a particular product. The 'ever-so-shiny' advertisements many times, leave us with a feeling of embitter after spending a fortune on certain products.
When buying a product, a consumer today mostly relies on what he sees and hears about it. Most of this hearing and seeing comes from the advertisements shown about the product. Television, print, outdoor, radio, events, digital etc are all means of promotion of a product.
Though, there is no precise law or act that deals specifically with fraudulent or consequences of fraudulent advertisements, the consumer can claim relief up to a certain extent under the Consumer Protection Act, 1986, the Monopolistic and Restrictive Trade Practice under MRTP Act, 1969, etc.
Deceit in terms of quality, quantity, danger, services, price, etc. that practically prejudice a person's freedom of choice, all constitute fraudulent advertisements. Announcing a free gift with a particular product and increasing its amount also constitutes a fraudulent advertisement.
Though we see advertisements making over the top claims for many products, but one area where the buyer can end up losing a lofty amount of cash and experience harassment is the real estate.
Most of the builders in India have a very similar strategy to sell houses. This begins generally with an appealing print advertisement or a gleaming hoarding offering homes at a pre sale discount and promising delivery within the guaranteed period. Post this the home buyers agree 10-20 percent of the total cost as an advance. The story begins subsequent to this. Many times a buyer does not get the possession of the property even after waiting for 3-4 years or the property offered does not match up to the standards promised to the buyer.
The paucity of regular authority to monitor the advertisements before they are made public is leading to an increased number of innocent people being hoodwinked by the developers. The dawn of digital advertising has made it even more difficult to keep a tab on the advertisements on the electronic media.
of buying a property a person should carry the due diligence on his
part as well. It is always said that one shouldn't completely rely
on what s/he sees or hears. Hence it's always sensible to carry out
a personal level research as well.
More than often FMCG companies make false claims about their products. The claims can be with regards to the weight, nutritional value, ingredients etc of the item for consumption. All of this constitutes unfair trade practice.
Each day, we see advertisements making claims of, quick results from slimming to healthy heart and faster growth for children. There are various chocolate drinks for kids that claim for them becoming taller, sharper etc. Certain cereal brands claim to slim you down if eaten regularly. These brands mostly don't carry out any studies to prove the claims made by them. As a result, consumers are left behind feeling cheated. At numerous instances consumers also face major health hazards due to the harmful effects of the product not mentioned in the advertisements and promotions of the product.
Under the Consumer Protection Act, 1986, a consumer has every right to be protected against marketing of goods and services which are hazardous to life and property. It provides the right to be informed about the quality, quantity, potency, purity, standard and price of goods, or services. Hence, if a consumer is buying an electronic item or the likes s/he has every right to know the open and accurate details of the product.
Despite following a complete due diligence activity, if a person is harmed and needs righteousness by the court. S/he needs a valid agreement of the property/ commodity bought original advertisement & related paperwork to prove the facts and the harm caused.
Proof required to make claim:
To institute that an advertisement is false, a petitioner must prove that:
A false statement of fact has been made by the advertiser about the goods, services, or commercial activity leading to deception of the audience. And the deception has either resulted in or is likely to result in injury.
A person must furnish all the documents, deeds, agreements etc that s/he has in order to solicit a remedy incase harmed already.
Protection in case of misrepresentation to the consumers:
Though the Consumer Protection Act, 1986 classifies misleading advertisements as 'unfair trade practice' lately there has been an increasing need to specifically guard the consumer against misleading advertisements.
Other than these there are many laws that elucidate and work towards the rights of a consumer:
Currently there are numerous platforms for a product to get itself advertised and publicised. Despite being a challenging task, it is the job of the brand to verify whether the content of those advertisements, adheres to the codes of conduct under various laws.
The number of advertisements which are patently false and misleading, promoting dubious products and making unsubstantiated claims is significant in India. Infact, most of these advertisements escape the scrutiny of regulatory bodies.
In this world of claims and counter claims, it is extremely important for a consumer to keep his eyes and ears open and not let any false claim take him for a ride.
Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014
The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law
The Lok Sabha or the lower house of Parliament passed the 122nd Constitutional Amendment (GST) Bill, which was earlier modified and passed by the Rajya Sabha.