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Summary of the Payment and Settlement System Act, 2007
by: Adv. Kishan Dutt Kalaskar 2023-02-28 18:47:16
by: Adv. Kishan Dutt Kalaskar 2023-02-28 18:47:16
by: Adv. Kishan Dutt Kalaskar 2023-02-28 18:10:41
by: Adv. Kishan Dutt Kalaskar 2023-02-03 22:32:13
by: Admin 2023-02-01 16:45:35
by: Admin 2023-01-30 17:32:25
by: Admin 2023-01-30 17:16:37
Summary of the Payment and Settlement System Act, 2007
Procedure to track court cases online
Key Features of Union Budget 2023
Top 10 reasons to hire a Civil Lawyer
5 Benefits Of Hiring A Business Lawyer When Starting Your Company
Top 5 Reasons Why You Should Consult A Banking Lawyer
10 Things to Consider Before Hiring an Accident Lawyer
Payment Recovery Process
Analyzing legal and security issues in cyber contracts (E - contracts)
Discharging and Quashing in Criminal Cases
Legal compliances for online shopping sites in India
How to select a Lawyer
Supreme Court Judgments 2022
Maternity Benefit Act 1961, at a Glance
Modes of Recording Accepted by Court
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Compensation in Motor Vehicle Accident Cases
Is it important to respond to a summon?
Analysis of Section 18 of Limitation Act, 1963
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Impact Of Supreme Court Ruling
Analysis of Employees Provident Fund and Miscellaneous Provisions Act
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Different Identities of an NDA
Breaking down the requirements of becoming a Public Prosecutor in India.
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Kavita Kanwar Vs. Mrs Pamela Mehta & Ors
Entry into Judiciary: Minimum required Qualifications
Law of Retrenchment
Grounds for refusal of a Trademark Application
Early disposal of pending cases by the High Court
Parminder Kaur V/s State of Punjab
Central Bank of India V/s M/S Maruti Acetylene Co. Ltd.
Goan Real Estate and Construction Ltd. And Anr. V/s Union of India
Raj Kumar V/s Ajay Kumar
Synopsis of the Special Marriage Act in India
Lok Adalat has no jurisdiction to decide a matter on Merits
Significance of a Police Clearance Certificate in a pending Accident Case
Understanding the Digital Rupee
Eligibility of Teachers for Gratuity under the Payment of Gratuity Act, 1972
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Leo Francis Xaviour V/s The Principal, Karunya Institute
Nazir Mohamed V/s J. Kamala and Ors.
Addissery Raghavan V/s Cheruvalath Krishnadasan
Himalaya House Co. Ltd. Bombay V/s Chief Controlling Revenue
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Basir Ahmed Sisodia V/s The Income Tax Officer
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Interest for delayed Payment under Payment of Gratuity Act, 1972 - Need for Change?
How to file a complaint in regards to violation of Cyber Laws
Delayed Justice from Consumer Courts
Can a registered Will be challenged in the Indian Court?
Trademark Infringement - Triple identity test in Trademark
Blockchain Technology in India – II
Manish V/s Nidhi Kakkar
Withdrawal of Mutual Divorce Proceedings
Blockchain Technology in India - I
Unnatural Offences
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MSME Debt Recovery Provisions
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Time Limits & Procedure to approach HC in Civil Cases
The necessity of Gender-Neutral laws in India
Sou. Sandhya Manoj Wankhade V/s Manoj Bhimrao Wankhade
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Chief Administrator of Huda &Anr. v/s Shakuntala Devi
Permanent Child Custody
Dilution of the statutory protection available to MSMEs
Validity of an Unregistered Sale Agreement
Ambalal Sarabhai Enterprise v/s Ks Infraspace LLP
False and misleading advertisements in India
National Legal Service Authority v/s Union of India and Others
Recovery Procedure in Cheque Bounce Cases
Roxann Sharma V/s Arun Sharma
Ganesh Santa Ram Sirur V/s State Bank of India &Anr.
Recovery Procedure of Consumer Court Cases
Bank Guarantee
M/s M.M.T.C Ltd. & Anr v/s M/s Medchl Chemical & Pharma P
Shailendra Swarup V/s Enforcement Directorate, The Deputy
SunitaTokas v/s New India Insurance Ltd.
Can couples get separated without a divorce?
Scope of Arbitration in India
Appointment of Arbitrators
NRIs right to purchase Property in India
Decriminalization of Dishonour of Cheques: a measure contradictory to its purpose
Paternity leave in India
Regulation of Cryptocurrency in India
How can litigants list their cases online?
Validity of Narco-Analysis in India
Remedies against frivolous cases registered against students by the Police
Procedures involved in a Criminal Trial
Procedured Involved in a Family Court Case
Death Certificate of a missing Person
Accountability of Police
Highlight of important Dishonour of Cheque case laws in 2020
Guidelines to be followed by Registered Medical Practitioners to dispense medicines
Land Mark Judgements on Family Law for the Year 2020
Remedies against harassment by Recovery Agents
Abetment to Suicide
Overview of the Vehicle Scrappage Policy
Rights of husbands in dowry and cruelty-based complaints
Admissibility of E-evidence; Are WhatsApp chats and E-mails admissible in Court?
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Director of Income Tax II (International Taxation) V/s M/s Samsung Heavy Industries Co. Ltd.
M/s ExL Careers V/s Frankfinn Aviation Services Pvt. Ltd.
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Constitutionality of Bandhs
State of Himachal Pradesh V/s A parent of a student of a Medical College & Ors.
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Analysis of Section 41-A of CRPC, 1973
Judgment: Indian Bank V/s Abs Marine Product Pvt. Ltd.
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Union of India V/s N. K. Shrivasta
Startup under the Government Programme
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Types of Stamp Paper
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Oppression and Mismanagement
Fraudulent and Invalid Contracts
Developments in Reserve Bank of India
Loan Frauds in India
Penalties associated with Driving
Laws governing a Knife
Medical Negligence and its Compensation
Interim Maintenance under the Domestic Violence Act
Shortcomings of the Consumer Protection Act, 2019
Tougher rules for the E-Commerce Industry
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Intestate Succession
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Validity of Notices.
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The Real Estate (Regulation & Development) Act
Warrant and its Types
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National Company Law Tribunal
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Motor Vehicle Amendment Act, 2019
The Growth of technology Patents in India
Citizenship under the Indian Constitution
Basic Structure of the Indian Constitution
A comparative study of the Indian, UK and the US Constitution
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Surrogacy (Regulation) Bill, 2019
Overview of The Indian Penal Code
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The abolishment of Article 370 of the Constitution: One Nation One Flag
Intervention of SC in the Unnao Rape Case
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Financial Risk Management
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Gift Deed
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Prison Reforms in India
Consumer Protection ACT, 1986
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Delay of Condonation
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Motor Accident Claim Tribunal
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Unjust Compensation - A Doctors Perspective
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Exemption of doctors operating in Emergency Rooms
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Duty of patient to avoid aiding Medical Negligence
Rights of the Patient
Steps to be taken to avoid Medical Negligence
Liability of Medical Negligence under Consumer Protection Act
Laws that affect Medical Professionals in India
Defense against Medical Negligence Cases
Duties of Doctors
Common types of Medical Negligence
Medical Consent for treatment in India
Regulation for E - Pharmacy in India
Types of Consent for Medical Treatment
Guidelines for Autopsy/ Postmortem in India
Guidelines for the prescription of medicines
Procedure to start a Pharmacy Store in India
India Vs Pakistan: Kulbhushan Jadhav's Case
Contempt of Court
Juvenile Justice Act, 2000
Bankruptcy & Insolvency in India
The Maternity Benefit Act, 1961
Guardian and Ward Act In India
Medical Negligence in India
Procedure to be followed in Civil Recovery Proceedings
Rights of Consumers
Mandatory Registration of Documents and procedure
Rafale Deal And All About The Controversy
By: Admin
Date:20 August 2021
Consumer Grievances
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Likes:0Advertisements have become an important medium of communication used by a product manufacturer to reach as many consumers as possible. It has been a longstanding practice for brand manufacturers to use print media, including newspapers, magazines, hoardings, and telecommunication mediums like radio, television, and the internet, to reach the mass and advertise their products. It has been an effective method used by producers all over the world; advertisements create a deep impact in the minds of their viewers and persuades them to purchase the product. With the rise in competition, brands have started making their advertisements more attractive to gather the attention of consumers. This has led to increased use of misleading statements in advertisements that adversely impact the right of consumers to choose. False and deceptive remarks like ‘world’s best product’, untrue guarantees of giving results in a short period are all examples of the same. In order to protect the public from such immoral practices, the legislature has enacted the Consumer Protection Act, 2019.
Law on false and misleading advertisements
Under the Consumer Protection Act, 2019 (COPRA, 2019), misleading advertisements have been defined under Section 2(28) as an advertisement in respect of any product or service that gives a false description of the product or gives a false guarantee as to the quality of the goods and services or represents the product, either expressly or impliedly, in such a manner as is an unfair trade practice under law or deliberately conceals crucial information regarding the product. The Act also lays down punishment for making false or misleading advertisement which is prejudicial to the interest of the consumers as imprisonment for a term which may extend to two years with fine which may extend to ten lakh rupees. More severe punishment has been prescribed for subsequent offences up to five years imprisonment or fine, extending to fifty lakh rupees. Furthermore, any person endorsing such misleading advertisements will also be liable to a penalty extending up to ten lakh rupees. Such a provision creates additional duty upon the endorser to verify the integrity of the statements and promises being made by them. This brings even the celebrities who are often made brand ambassadors to gather traction and popularity within its fold. However, if the endorser has done due diligence on their part and exercised maximum care to ensure that the statements made are true, they can escape liability under the COPRA, 2019.
Asides from the COPRA, the Advertising Standards Council of India has created its own code of standards to be adhered to by advertisers in India. However, it is pertinent to mention that these rules are ‘self-regulatory’ in nature and the ASCI greatly lacks in the enforcement of these rules. A complaint against advertisements violating the self-regulatory code can be made before a Consumer Complaints Council, but the Council only has the authority to order the manufacturers to withdraw or modify the defaulting advertisement. Since the ASCI is not a statutory body, the advertisers can disregard these provisions and broadcast their advertisements.
Judicial pronouncements on misleading advertisements
Reckitt & Colman of India Ltd. v. M.P. Ramchandran, the Calcutta High Court held that a seller could be permitted to assert that his goods or services are the best or better than that of a competitor even if such declaration is untrue provided that while making such assertion, he has compared the advantages and disadvantages of own goods or services with that of the rival brands. Nonetheless, the seller cannot be allowed to defame the goods of his rival brands.
Horlicks Ltd. v. Zydus Wellness Products Ltd., Horlicks sought a permanent injunction against Zydus Wellness Products Ltd. for the broadcast of false advertisements claiming that one glass of Complan, a product manufactured by Zydus, was better than two glasses of Horlicks, the product of the plaintiff. The Court allowed the relief, and an injunction was granted preventing Zydus from showing the advertisement. However, after Zydus agreed to modify the advertisement and issue a disclaimer regarding the quantity and size of glasses, the injunction was set aside.
In Francis Vadakkan v. The Proprietor, A-One medicals and ors., the Kerala District Consumer Grievance Redressal Commission imposed a penalty upon the brand manufacturer as well as Anoop Menon, the brand ambassador, for misleading the public by false claims in advertisements. The commercial claimed that the product being a hair growth cream, can help grow hair to three times its volume in a matter of six weeks. These claims were found to be untrue, and the aggrieved consumer approached the District Commission. The Commission declared the non-delivery of promises as a deficiency in service, and a heavy fine was imposed upon the brand manufacturer.
In Rajendra v. Union of India and Ors., the Bombay High Court restrained any good or service sale claiming it has supernatural and miraculous powers. The Court held that such practice is blatantly illegal and deceives the public at large. It was held that propagating an advertisement using the name of any God to such an article for sale and claiming that such articles have ‘special, miraculous and supernatural properties’ is prohibited by law.
Conclusion
Every consumer has a right to know about the details of the product so that they can make an informed decision. With the rising competition in the market and the need to make more profits each day, many brands resort to advertising their products. These advertisements are made as catchy and appealing as possible to gain traction and attract large numbers of customers. In an attempt to do this, brands sometimes cross the line and tend to falsely advertise their products and making misleading guarantees and statements that largely impact a consumer’s right. It is an unfair trade practice and has been prohibited by the Consumer Protection Act. There has been increased judicial activism in consumer protection, and consumer forams have taken complaints of false and misleading advertisements seriously and imposed heavy penalties for violation of the provisions of the Consumer Protection Act, 2019.
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