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Misleading Products & False Promises: How the Law Protects Consumers in India

Sep 23

2 min read

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Introduction

Have you ever ordered a product online or purchased something from a seller who promised “premium quality” only to receive something completely different? From fake fabrics to counterfeit electronics, such practices are not just frustrating, they are illegal.

Under the Consumer Protection Act, 2019, this kind of misrepresentation is treated as an Unfair Trade Practice (UTP) or Deficiency in Service. Let’s understand what this means, and what remedies the law gives you.


What Counts as Misrepresentation or Unfair Trade Practice?


According to Section 2(47) of the Consumer Protection Act, 2019, an unfair trade practice includes:


●      False claims about quality, standard, or grade of goods/services.

●      Misleading advertisements (Section 2(28)).

●      Passing off counterfeit products as genuine.

●      Promising benefits or performance that the product/service cannot deliver.


Examples:

●      Seller claims “100% pure cotton bedsheet” but delivers polyester.

●      Website displays a designer handbag, but you receive a cheap imitation.

●      Booking sites advertise “5-star hotels” but provide substandard facilities.

●      Electronics labeled “Made in Japan” but actually imported from elsewhere.


Your Rights as a Consumer


Under the Act, if goods or services don’t match their description, you are entitled to:


  1. Refund: Full repayment if the product/service is misrepresented.

  2. Replacement:  A product/service of the promised quality.

  3. Compensation:  For financial or mental loss caused by misrepresentation.

  4. Action Against Advertisers: Misleading advertisements can lead to penalties, fines, and even product recalls.


What Can You Do in Such Cases?


  1. Collect Evidence

○      Save product descriptions, ads, screenshots, and invoices.

○      Photograph what was actually delivered.

  1. Contact Seller or Platform

○      Use the grievance redressal mechanism of e-commerce sites.

○      Always communicate in writing (emails, app messages).

  1. File a Consumer Complaint 

○      Call the National Consumer Helpline (1800-11-4000 / 14404).

○      Register complaints online at consumerhelpline.gov.in.

  1. Approach Consumer Forum 

○   If losses are significant, file a case before the Consumer Disputes Redressal Commission (District, State, or National, depending on claim value).


Practical Shopping Tips

●      ✅ Always check seller ratings and verified reviews.

●      ✅ Read refund/return policies before buying.

●      ✅ Avoid “too good to be true” offers.

●      ✅ Use secure payment methods; prefer COD for unverified sellers.


Conclusion


Misleading products and false promises are more than just bad business, they are unfair trade practices under Indian law. As a consumer, you have clear rights to refunds, replacements, and even compensation.


At Pairvii Legal, we believe awareness is the first step to protection. Don’t stay silent if you’ve been misled, the law is on your side.

 

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