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Part I - Unit IV Copra 2019

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Part I - Unit IV Copra 2019

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shilpakr555
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Unit IV

Consumer Protection:
 Brief history of Consumer Movement.
 Introduction to Consumer Protection Act, 2019.
 Problems of the consumers,
 Consumer Protection Councils.
 Definition of key terms: Consumer, Defect, Deficiency, Unfair Trade Practices,
Restrictive Trade Practices.
 COPRA, 2019
INTRODUCTION

- LAISSEZ FAIRE – meaning least interference of the Sate in the economic and
commercial dealings of the people (based on individualistic philosophy of absolute
economic freedom of men) – 18th century Industrial Revolution
- Caveat Emptor (let the buyer beware) rule prevailed in the market transactions
- By 19th century – the economic histories reveal – the existence of direct conflict
between the sellers of the commodities and the buyers
- Monopolistic practices (to increase profit)
- Later half of 19th century – influence of individualistic policy – led to capitalism –
eventually resulting in concentration of wealth in the hands of few
- Social thinkers (Bentham, Stuart Mills etc) stand legal reforms – triggered campaigns
and awareness and stressed the need for the regulation of economic law by the State
to curb the unbridled monopolistic practise of merchants and traders in the interest of
public and consumers
- 2nd part of 20th century – development and expansion of trade and commerce
influenced by industrial revolution – different kinds of consumer goods flooded the
market. Likewise, in the field of services – insurance, transport, electricity, houses,
entertainment, finance and banking became prominent
- Well organised traders and manufacturers – MNC trends – strong relationship
between/among the traders & consumers – but let to serious problem with regard to
protection of consumer interests
- The demands of consumer goods and services were influenced by publicity &
advertisements in television, newspapers, magazines etc
- Lesser choice for consumers, defects and deficiency in goods and services (consumers
had to compromise)
- The need for international consumers’ protection movement was felt to protect the
consumers and prevent the exploitative practices by imposing certain restrictions
- International institutions and organisations also contributed for the promotion and
protection of interests and rights of the consumers – such as
o Economic and Social Council (ECOSOC) of UN
o International Labour Organisation (ILO)
o World Health Organisation (WHO)
o United Nations Conference on Trade and Development (UNCTAD)
o United Nations International Children Emergency Fund (UNICEF)
o World Intellectual Property Organisation (WIPO) etc

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Consumer Protection – Historical Perspective

I) Ancient India
- Consumer protection has its deep roots in the rich soil of Indian civilisation (back to
3200 BC) – human values where cherished and ethical practices were of great
importance - all societies followed Dharma Sastras – (derived from Vedas – the
primary source of law)
- Smritis – Consumer protection was also major concern in the ‘smritis’
- Manu Smriti – Manu, the ancient law giver wrote about ethical trade practice –
prescribed a Code of Conduct to traders and specified punishments to those who
committed certain crimes against buyers
- The king had the power to confiscate the entire property of the trader in certain cases.
There was also a mechanism to control prices and punish wrongdoers. There was a
process to inspect all weights and measures every six months and the results of these
inspections were duly noted. Thus, Manu Smriti effectively dealt with various
consumer matters, many of which remain of great concern in modern legal systems.
- Kautilya’s Arthasastra – primarily concerned with matters of practical administration,
consumer protection occupied a prominent place in it. The State regulated trade and it
is its duty to prevent crimes against consumer. Additionally, the director of trade was
made responsible for fair trade practices. During this period, several measures were
taken to maintain official standards of weights and measures. Speculations and
hoarding to influence practices and fraudulent transactions were prohibited. Public
health was guarded by stopping adulteration of food products of all kinds including
grains, oils, alkalies, salt, scents and medicines. During Chandragupta’s period, easy
access to justice for all, including consumers, was considered of great importance.
(Superintendent of Commerce, Superintendent of Standardization etc)
II) Medieval Period
- Consumer Protection continued to be of prime concern of the rulers in the medieval
period. During Muslim rule, large number of units of weights - used in India. During
the Sultanate period, the prices used were determined by local conditions. Strict
controls during Alladin Khilji’s period – established market place, fixed maximum
price of all essential goods such as wheat, barley, rice, pulses, cloth, sugar, sugarcane,
fruit, animal fat, also horses and livestock. Storing/hoarding of paddy, cereals were
prohibited. Black marketing was seriously addressed. Any violations invited serious
punishments on the defaulters – like imposition of fine, imprisonment, expulsion fro
the capital, cutting flesh from face etc. special officers like Diwani-Riyasat, Sahana-i-
mandi were appointed.
III) Modern Period
- British system of administration continued the protection of consumers by enacting
laws – Sale of Goods Act of 1930, The Drugs and Cosmetics Act of 1940, the Indian
Penal Code of 1860 etc. (continued in Genesis of Consumer Protection Laws)

Genesis of Consumer Protection Laws

- The need to ensure protection of basic rights of the consumers has been long been
recognised all over the world, and various legislations were enacted in various
countries
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- In India – the consumer’s interest protected by certain General Enactments other
than the law of torts
- It includes
o The Indian Contract Act, 1872
o The Sale of Goods Act, 1930
o The Dangerous Drugs Act, 1930
o The Drugs and Cosmetics Act, 1940
o The Agricultural Produce (Grading and Marketing) Act, 1937
o The Indian Standards Institution (Certification Marks) Act, 1952
o The Prevention of Food Adulteration Act, 1954
o The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
o The Essential Commodities Act, 1955
o The Standards of Weights and Measures Act, 1976 (now knows as the Legal
Metrology Act, 2009)
o The Trade and Merchandise Marks Act, 1958 (now the Trade Marks Act,
1999)
o The Patents Act, 1970
o The Hire Purchase Act, 1972
o The Prevention of Black Marketing and Maintenance of Supplies of Essential
Commodities Act, 1980 etc
o +++ Monopolistic and Restrictive Trade Practices Act, 1969 & the National
Security Act, 1980 – both with similar objectives
o The legislations attracted civil liabilities + expensive + time consuming etc
o Paved way for the Consumer Protection Act, 1986

CONSUMER PROTECTION ACT, 1986 – AN OVERVIEW

- Milestone in the history of socio-economic legislation in India


- Most progressive and comprehensive legislation
- Enacted after a series of consultation with stakeholders –
o consumer, trade unions, industrialists, manufacturer of goods & commodities,
government etc)
- Modelled on the UN General Assembly Guidelines – for protection of consumers
- Objectives
o To provide better protection the consumers (as a whole)
o To ensure simple, speedy and inexpensive redressal of consumer grievances
- Mainly compensatory in nature (whereas other legislations are preventive and
punitive)
- Amended in 1991, 1993 and 2002
- The Act recognises consumer as the axle of the modern economic system – backbone
of the market world (king-pin of the market)
- At present – consumers have many options and in case of any slightest defect
/deficiency in goods/services and claim compensation
- Comment by Mr. Justice Krishnamurthy (on the woes and pathetic conditions of
consumers)

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PROBLEMS OF CONSUMERS – include…

1) Adulteration
2) False weights and measures
3) High prices
4) Low quality products
5) Non-availability of goods
6) Misleading advertisements
7) Black markets
8) Unregulated competitions
9) Unfair terms in contract
10) Fraudulent practices
11) Lack of food safety
12) Mal-administration by State
13) Lack of effective remedies
14) Polluted environment
15) Lack of awareness

BASIC RIGHTS OF CONSUMER (1986 & 2019)

(Defined by the International Organisation of Consumers Union (IOCU)

- Right to Safety/be Protected


o Against marketing of goods and services which are hazardous of life and
property
- Right to Choose/assured/access
o to variety of goods and services at competitive prices
- Right to be Informed
o About the quality, quantity, potency, purity, standard and price of goods
or services so as to protect the consumer against unfair trade practices
- Right to be Heard

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o And to be assured that consumer’s interests will receive due consideration at
appropriate forums
- Right to seek Redressal
o Against unfair trade practices or restrictive trade practices or
unscrupulous exploitation of consumer
- Right to Consumer Education

Activity: Consumer Laws in USA, UK & other countries

GLIMPSE OF CONSUMER PROTECTION LAWS IN USA, UK & OTHER COUNTRIES

SOME CONSUMER PROTECTION ORGANISATIONS (NATIONAL &


INTERNATIONAL) (Activity)

CONSTITUTIONAL BACKGROUND

- No mention of ‘consumer’ or ‘consumer protection’ in the Constitution


- Preamble – (People of India – broad meaning consumers)
- Consumer justice is part of socio and economic justice
- Fundamental rights and Directive Principles of State Policy – WELFARE STATE –
constitutes the Conscience
- DPSP – Art. 38, 39 (c), 43, 48, 51A(g), 21A

CONSTITUTIONAL VALIDITY OF CONSUMER PROTECTION ACT, 1986

o State of Karnataka v. Vishwabharathi House Building Co-operative


Society (AIR 2003 SC 1043)
(upheld the competence of the Parliament to create the consumer FOR A
under the Act (for consumer justice) – it is in addition to provisions of other
laws + Writ remedies u/Art. 32, 226 & 227 are also available to the
aggrieved)
o CCI Chambers Co-operative Housing Society Ltd. v. Development Credit
Bank (2003) 7 SCC 233
(the primary objective is to relieve the conventional courts of their burden
(piling cases), in ordinate delay in disposal of cases due to rigid technicalities
of the law and legal procedure)
o C. Venkatachalan v. Ajit Kumar C Shen (2011) 9 SCC 707
(Not necessary to be represented by a lawyer. Both parties can be represented
by an authorised agent)
COPRA is a social benefit oriented legislation – the provisions of the Act
have to be construed as broadly as possible in favour of the consumer – to
achieve the purpose of the Act
o HSBC Asset Management (India) Ltd. v. Smt. Mani Rao (AIR 2012
(NOC) 51 (AP)
(The remedy under this Act is in addition to the jurisdiction of the
conventional courts and not in derogation of the remedies available under
any other legislation)

COMPARISON TABLE
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SCHEME OF COPRA 2019

SCHEME OF CONSUMER PROTECTION ACT, 2019


Objectives:
- An Act to provide for protection of the interests of the consumers
- To establish authorities for timely and effective administration
- And settlement of consumers’ disputes
- And for matters connected therewith or incidental thereto

Chapters Sections Provisions


Chapter I 1&2 Preliminary
Chapter II 3 to 9 Consumer Protection Councils
Chapter III 10 to 27 Central Consumer Protection Authority
Chapter IV 28 to 73 Consumer Disputes Redressal Commission
Chapter V 74 to 81 Mediation
Chapter VI 82 to 87 Product Liability
Chapter VII 88 to 93 Offences & Penalties
Chapter VIII 94 to 107 Miscellaneous

Salient Features:

1. The Act is not to be in derogation of other Acts

6 |JSSLC
2. Consumer Disputes Redressal Commissions (CDRCs) are vested with the powers of
Civil Court
3. The Commissions (forums) have the power to award punishment for disobedience
or default in compliance of its orders
4. The doctrine of caveat emptor is not applicable to the Act
5. The principle of ‘privity of contract’ does not apply to consumer dispute cases
6. The Act provides for setting up of Consumer Protection Council (at District, State
and Central level)
7. The Act has been held to have Constitutional validity
8. The Act strictly provides for establishment of mediation cell to be attached to each
of District/State Commission and National Commission
9. The Act provides for Product Liability action against the defaulting manufacturers
or the product service providers with stringent penal provisions

CONSUMER PROTECTION COUNCILS

- Chapter II – Sections 3 to 9

Central Consumer Protection State Consumer Protection District Consumer Protection


Council Councils Councils
(Central Council) (State Council) (District Council)
Sections 3 to 5 Sections 6 to 7 Sections 8 & 9
Established by – Central By (every) State Government By State Government by
Government by Notification by Notification Notification
Known as Central Council State Council District Council
Composition Composition Composition
a) Minister in-charge of a) Minister in-charge of a) Collector of the
the Department of the Department of district – Chairperson
Consumer Affairs (of Consumer Affairs (of b) Such number of other
CG) – Chairperson SG) – Chairman official or non-
b) Such number of other b) Such number of other official members
official or non- official or non- representing the
official members official members interest (as
representing the representing the prescribed)
interest (as interest (as
prescribed) prescribed)
c) Such number of other
official or non official
members not
exceeding 10 –
nominated by the CG
Procedure for meeting of the Procedure for meeting of the Procedure for meeting of the
Central Council State Council District Council
- Shall meet when - Shall meet when - Shall meet when
necessary – but 1 necessary – not less than necessary – not less
meeting per year 2 meeting per year than 2 meeting per year
- Time and place of the - Time and place – as the - Time and place – as the
7 |JSSLC
meeting – as the Chairman thinks fit Chairman thinks fit
Chairman thinks fit - Procedure – as - Procedure – as
- Procedure – as prescribed prescribed
prescribed
Object of the Central Council Object of the Central Council Object of the Central Council
- To render advice on - To render advice on - To render advice on
promotion and promotion and promotion and
protection of the protection of the protection of the
rights of the rights of the rights of the
consumers under the consumers under the consumers under the
Act Act within the State Act – within the
- 6 Consumer Rights - 6 Consumer Rights District
(Right to be protected, Right - 6 Consumer Rights
to be informed, Right to be
assured, Right to be heard,
Right to seek redressal, Right
to consumer education)

Chapter – III
Central Consumer Protection Authority
(Central Authority)
Sections 10 to 27
Establishment of Central Consumer Protection Authority (S. 10)
- By central Government
- To regulate matters relating to
a) Violation of rights of consumer
b) Unfair trade practice
c) False or misleading advertisements
(which are prejudicial to the interests of public and consumers)

- To promote, protect and enforce the rights of consumers as class

- Composition – Chief Commissioner and such number of other Commissioners –


prescribed by CG – with powers and functions
- Headquarters @ National Capital Regions, Delhi and regional/other offices in any other
place in India
Qualification, method of recruitment, etc of the Chief Commissioners and Commissioners
(S. 11)
- CG by notification – rules and regulations – qualification, appointment, term of office,
salaries, allowances, resignation, removal etc

Vacancy, etc not to invalidate proceeding of the Central Authority (S. 12)

Appointment of officers, experts, professionals and other employees of Central Authority


(S. 13)
8 |JSSLC
- Special knowledge and experience in the areas of consumer rights, welfare, consumer
policy, law, medicine, food safety, health, etc

Procedure of Central Authority (S. 14)


- Specified by regulations
- Power and general superintendence, direction and control – by Chief Commissioner – or
u/his delegation

Investigating Wing (S. 15)


- Headed by Director-General
- For conduct of inquiry or investigation u/this Act etc
- Inquiries or investigations conducted shall be submitted to the Central Authority –
prescribed manner

Power of District Collector (S. 16)


- DC on receipt of complaint from Central Authority or Commissioner etc – shall inquire
into or investigate on the matters relating to------ & submit the report to Central Authority
or Commissioner or regional office

Complaints to Authority (S. 17)


- On matters relating to ….
- In writing or in electronic mode to any of the authorities

Powers and Functions of Central Authority


Functions include
- To protect, promote and enforce the rights of consumers as class and prevent…
- To prevent unfair trade practices
- To ensure – no false misleading advertisements
- To ensure – no person take part in publication of any false/misleading advertisements
Powers include
- Inquire or investigate
- File complaints
- Intervene in any proceedings
- Review the matters
- Recommend adoption of international covenants etc
- Undertake and promote research
- Spread and promote awareness
- Encourage NGOs etc
- Mandate the use of unique and universal goods identifiers in it
- Issue safety notices
- Advise Ministers, departments etc
- Issue necessary guidelines
Power of Central Authority to refer matter for investigation or to other Regulator (S. 19)
Power of Central Authority to recall goods (S. 20)
- Recalling

9 |JSSLC
- Reimbursement of prices
- Discontinuation of practices

Power of Central Authority to issue direction and penalise against false or misleading
advertisement (S. 21)
- In case of Manufacturer or endorser – penalty – extending to 10 lakhs rupees
- For every subsequent contravention – penalty – 50 lakhs rupees
- ++ prohibit endorsers from making endorsements – for one year
- Subsequent – prohibit upto three years
- Any person publishing misleading advertisement – penalty up to 10 lakhs rupees

Search & Seizure (S. 22)

Designation of any statutory authority or body to function as Central Authority (S. 23)

Appeal (S.24)
- Any person aggrieved by any order passed by Central Authority (u/S. 20 & 21) – may file
appeal to the National Commission within – 30 days from the date of receipt of such
order
Grants by Central Government (S. 25)

Accounts & Audit (S. 26)


- Comptroller and Auditor General of India
Furnishing of annual reports etc (S. 27)
- To Central Government
Summary:
- Chapter III – Ss. 10 to 27 (18 sections) – Central Authority –
 To regulate the violation of rights of consumers, unfair trade practices and false
and misleading advertisements which are prejudicial to the interests of public and
consumers in particular and
 To promote, protect and ensure effective enforcement of rights of consumers.
- S.18 – Powers of Central Authority – to inquire and investigate into the violations of
consumers’ right or unfair trade practice on complaints received from the aggrieved
parties
- Has power to initiate or investigate suo moto on receipt of information in this regard
- It can review and recommend best international practices on consumer rights
- S. 20 – empowers the Central Authority to recall goods or withdraw services which is
in its opinion are found to be dangerous, hazardous or unsafe for public use.
(provided – after Principles of Natural Justice – reasonable opportunity of being heard)
- Appeal, Annual Reports etc

Definitions u/Consumer Protection Act, 2019

- Complaint – S. 2(6)
- Complainant – S. 2(5)
10 |JSSLC
- Consumer Dispute – S. 2(8)
- Consumer – S. 2(7)

Complaint – S. 2(6)

Complaint means any allegation in writing, made by the complainant for obtaining any
relief provided u/the Act

i) Unfair contract/ Unfair Trade Practice /Restrictive Trade Practice – UTP/RTP


ii) Good bought/agreed to be bought by him suffer from one or more defects
iii) Services availed or hired or agreed to be… suffer from any deficiency
iv) Trader or service provider – charged – price in excess of the price
(fixed/displayed or exhibited)
v) Goods which are hazardous (or likely…) (injurious) to life and safety of the
public…
vi) Services … -do- (injurious) to life and safety
vii) Claim for product liability – against the product manufacturer, product seller
and product service provider

Complainant – S. 2(5)

- Complainant means –
i) A consumer, or
ii) Any voluntary consumer association
iii) The Central Government or State Government – CG/SG
iv) The Central Authority
v) One or more consumers – representing consumer interest
vi) i/c of death – legal representative
vii) i/c minor (consumer) – parent or legal guardian

Consumer Dispute – S. 2(8)

- means a dispute where the person against whom a complaint has been made, denies
or disputes the allegation contained in the complaint.

Consumer – S. 2(7)

- means any person who –


i) buys any goods for a consideration –
o which has been paid or promised or partly paid and partly promised or
under any system of deferred payment and –
o includes any user of such goods other than the person who buys such
goods for consideration (paid or promised or partly paid or partly promised or
under any system of deferred payment), when such use is made with the
approval of such person, -
o but does not include a person who obtains such goods for resale or for
any commercial purpose; or
ii) hires or avails of any services for a consideration –
11 |JSSLC
o which has been paid or promised or partly paid or partly promised, or
under any system of deferred payment and –
o includes any beneficiary of such service other than the person who hires
or avails of the services for consideration pair or promised or partly paid ror
partly promised, or under a system of deferred payment, when such services
are availed of with the approval of the first mentioned person, -
o but does not include a person who avails of such service for the any
commercial purpose

Explanation:

a) commercial purpose does not include – self-employment or earning for livelihood


b) consumer includes – both by online and offline purchases/transactions

Illustrations:

Consumer –

- patient – doctor – hospital


- allottee of a plot of land or flat
- telephone subscriber
- person consuming electricity
- nominee of insurance policy
- customer – tailor
- purchaser of TV, car, fridge, scooter – for own purpose

Not a consumer –

- person purchasing goods for commercial purpose


o Taxi, truck on hire etc
o Xerox or printing machines – but not for earning livelihood
o Agents not consumer
- high way users
- tenant etc

Reliefs available to Consumer:

a) removal of defects from the goods


b) replacement of the goods
c) refund of the price
d) award of compensation for the harassment and loss or injury suffered due to the
negligence
e) removal of defects in goods or deficiencies in services
f) discontinuance of unfair trade practice or restrictive trade practice or non-repitition
g) prohibit the offering of hazardous goods for sale
h) withdrawal of –do-
i) not to manufacture the hazardous goods
j) payment of sum (large number of consumer who are not identifiable conveniently)
k) issuing corrective advertisement
12 |JSSLC
l) providing for adequate costs to parties

Defect – S. 2(10)

- ‘defect’ means any fault, imperfection or shortcoming in the quality, quantity,


potency, purity or standard which is required to be maintained by or under any law
for the time being in force or under any contract, express or implied or as is claimed
by the trader in any manner whatsoever in relation to any goods or
product….(expression ‘defective’ shall be construed accordingly
- Illustrations
o Defect in soft drinks
o Adulterated cooking oil
o Defective engine and gear box of motor vehicle
o Defect within warranty period

Deficiency – S. 2(11)

- ‘deficiency’ means any fault, imperfection, shortcoming or inadequacy in the


quality, nature and manner of performance which is required to be maintained by or
under any law for time being in force or has been undertaken to be performed by a
person in pursuance of a contract or otherwise in relation to any service and includes

- i) any act of negligence or omission or commission by such person which causes loss
or injury to the consumer and
- ii) deliberate withholding of relevant information by such person to the consumer

Goods – S. 2(21)

- ‘goods’ means every kind of movable property and includes ‘food’ as defined in….
the Food Safety and Standards Act, 2006
U/ the Sale of Goods Act, 1930 –

‘Goods’ is defined as per Section 2 (7) of the ‘Act’ as. “Every kind of movable property other than actionable claims
and money; and includes stock and shares, growing crops, grass, and things attached to or forming part of the land
which are agreed to be severed before sale or under the contract of sale.”

Service – S. 2(42)

- ‘service’ means service of any description which is made available to potential users
and includes, but not limited to, the provision of facilities in connection with
- Banking, financing, insurance, transport, processing, supply of electrical or other
energy, telecom, boarding or lodging or both, housing construction, entertainment,
amusement or the purveying (to provide) of news or other information,
- But does not include the rendering of service free of charge or under a contract of
personal service

Spurious Goods – S. 2(43)

- Means such goods which are falsely claimed to be genuine

13 |JSSLC
Restrictive Trade Practice – S. 2(41)

- Means a trade practice which tends


- to bring about manipulation of price or its conditions of delivery or to affect flow
of supplies in the market
- relating to goods and services in such a manner as
- to impose on the consumers unjustified costs or restrictions and
- shall include
o Delay beyond the period agreed to by a trader in supply of such goods or in
providing the services which has led or is likely to lead to rise in the price;
o Any trade practice which requires a consumer to buy, hire or avail or any
goods or as the case may be services as condition precedent for buying,
hiring or availing of other goods or services.
o Eg. charging price in excess – than printed on label etc – both RTP/UTP

i) Refusal to deal
ii) Tie-up sales
iii) Full line forcing
iv) Exclusive dealings
v) Price discrimination
vi) Re-sale price maintenance
vii) Area restriction

Unfair Trade Practice – S. 2(47)

- Means a trade practice which,


- for the purpose of promoting the sale, use or supply of any goods or for the
provision of any service,
- adopts any unfair method or unfair or deceptive practice including any of
the following practices, namely –
i) Making any statement, whether orally or in writing, or by visible representation
including by means of electronic record, which-
a) Falsely represents that the goods are of a particular standard, quality,
quantity, grade, composition, style or model;
b) Falsely represents that the services are of a particular standard, quality or
grade;
c) Falsely represents any re-built, second-hand, renovated, reconditioned or old
goods as new goods;
d) Represents that the good or services have sponsorship, approval
performance, characteristics, accessories, uses or benefits which such goods
or services do not have;
e) Represents that the seller or the supplier has a sponsorship, approval or
affiliation which such seller or supplier does not have;
f) Makes a false or misleading representation concerning the need for, or the
usefulness of, any goods or services;

14 |JSSLC
g) Gives to the public any warranty or guarantee of the performance, efficacy
or length or life of a product or of any goods that is not based on an adequate
or proper test thereof;
(adequate or proper test – burden of proof – on the person raising such
defence)
h) Makes to the public a representation in a form—
 Materially misleading warranty, guarantee or promise
i) Materially misleads the public concerning the price of the
product/goods/service
j) Gives false or misleading facts disparaging the goods, services or trade of
another person

Explanation:

- Statement…
o On article/display/wrapper/container
o Anything attached/inserted
o Advertisement in newspaper etc
o Bargain price
o Offering gifts, prize or other items
o Contest, lottery, game of chance or skill
o Offering gifts, prizes..
o Hoarding or\spurious goods
o Not issuing bills
o Refuse – taking back or withdraw defective goods
o Etc

+++ Offences and penalties of Unfair Trade Practice and Measures taken by the
Authority to prohibit and prevent UTP

 Misleading advertisement and false representation.


 Bargain sale, bait and switch selling.
 Offering of gifts or prizes with the intention of not providing them and conducting
promotional contests.
 Product safety standards.
 Hoarding or destruction of goods.

Activity: Illustrations for RTP & UTP

Also definition of Misleading Advertisements, illustration and offences and penalties for
misleading advertisements

15 |JSSLC

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