Answer By law4u team
Misleading Price Advertisements
Misleading price advertisements can deceive consumers by displaying false or hidden charges, incorrect discounts, or unclear pricing terms. Such unfair trade practices violate consumer rights and the provisions of the Consumer Protection Act, 2019. Consumers can take legal action by filing complaints to ensure fair advertising and seek compensation for any losses.
Procedure to File Complaints Against Misleading Price Advertisements
1. Identify the Misleading Advertisement
- Verify that the advertisement contains false or deceptive information about pricing, discounts, or offers.
- Examples include hidden charges, incorrect discount percentages, or bait advertising where the actual price is higher.
2. Collect Evidence
- Keep a copy or screenshot of the advertisement, including dates and platform (TV, print, online, etc.).
- Retain purchase receipts or billing documents showing discrepancies.
- Record any communication with the seller or advertiser.
3. Approach the Advertiser or Seller
- Contact the advertiser or seller’s customer service to raise your concern about the misleading advertisement.
- Request clarification, correction, refund, or compensation as appropriate.
- Keep records of all correspondence and complaint numbers.
4. File Complaint with Consumer Forum
- If the issue remains unresolved, draft a written complaint detailing the misleading aspects of the advertisement, the harm caused, and the relief sought.
- Submit the complaint to the District, State, or National Consumer Disputes Redressal Commission based on the claim value.
- Attach copies of all evidence and correspondence.
5. Complaint to Advertising Standards Council of India (ASCI)
- File a complaint with ASCI, the self-regulatory organization for advertising standards in India, which can investigate and direct corrective action.
- Visit their official website to lodge complaints related to false or misleading advertisements.
6. Seek Legal Remedies
- Consumer forums may order the advertiser or seller to pay compensation, issue an apology, or stop misleading advertising practices.
- They may also mandate refunds or replacements for affected consumers.
Consumer Tips
- Be vigilant and skeptical of offers that seem too good to be true.
- Document every stage from advertisement viewing to purchase and complaint submission.
- Use official complaint channels and escalate if necessary.
- Understand consumer rights under the Consumer Protection Act, 2019.
Example
- A consumer sees a TV advertisement claiming a 50% discount on a washing machine, but when purchasing, is charged the full price with hidden fees.
- The consumer takes screenshots of the advertisement and saves the bill showing the actual charges.
- Contacts the store’s customer service seeking refund or correction.
- When no resolution is provided, files a complaint with the District Consumer Forum, attaching evidence.
- The forum orders the seller to refund the excess amount and stop the misleading advertisement.
Conclusion
Consumers can protect themselves against misleading price advertisements by understanding their rights and following a structured complaint procedure. Through evidence collection, direct communication, and formal complaints to consumer forums or regulatory bodies like ASCI, consumers can ensure accountability and fair advertising practices.