Scribd
Upload
31 views11 pages

Game of Chance

The document discusses game of chance promotions used by companies and whether they constitute unfair trade practices under consumer protection laws. It covers topics like the definition of games of chance, whether they involve an element of skill or chance, relevant court cases that examine these issues, and various central and state laws regulating prize competitions.

Uploaded by

BENE FACTOR
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
31 views11 pages

Game of Chance

The document discusses game of chance promotions used by companies and whether they constitute unfair trade practices under consumer protection laws. It covers topics like the definition of games of chance, whether they involve an element of skill or chance, relevant court cases that examine these issues, and various central and state laws regulating prize competitions.

Uploaded by

BENE FACTOR
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 11

Game of chance

As an Unfair Trade Practice under Consumer


Protection Act
Introduction
 Some effective marketing tools under promotional schemes used by
companies to advertise their product;

i. Game of chance

ii. Lottery

iii. Lucky draw

Promotional schemes enticing customers.

 Allusive practices used by companies to deny the claim of customers.

Probability of winning these contests.


Game of Chance
What is a game of chance?

Whether a game of chance comes under gambling?

Game of Skill or Game of Chance

Ex: Hindustan Unilever’s advertisement for his leading soap brand “Lux”.
Unfair Trade Practice under
Consumer Protection Act
Section 2(1)(r) of the Consumer Protection Act, 1986 defines “Unfair
Trade Practice”.
• Illustrations of Unfair Trade Practices:
i. A dress has been used for 2 months and is now being sold by a seller as
a new dress.
ii. The battery of a mobile phone is guaranteed to work well for one year
but wears away in a month.
iii. A geyser that is not ISI approved has an ISI mark.
iv. A table of Rs. 500 is sold online with Rs. 600 delivery charge, but the
good is claimed by the seller to be free of cost.
Game of Chance under
Consumer Protection Act
Section 2(1)(r) of the Consumer Protection Act, 1986 and S.2(47)(iii) of
Consumer Protection Act, 2019

Britannia Industries Ltd. vs State of West Bengal: “50-50 Jodi Banao”


scheme.

Advertising Standard of India Code providing safeguard against promotional


schemes
Game of Chance involving
skills
 Predominant factor to determine the validity of game of chance.

 Element of chance and skill

 Dr. K.R Lakshmanan v State of Tamil Nadu

 R.M.D.C v UOI
Validity of S.2(r) of Consumer
Protection Act, 1986
Ground for challenging the provision?

 Article 19(1)(g) of the Constitution

 N.R Swaminathan v UOI


Validity of Fantasy Games
 Contention to challenge these fantasy games?

 State Of Andhra Pradesh vs K. Satyanarayana & Ors

Varun Gumber v. Union Territory of Chandigarh and Ors

Gurdeep Singh Sachar v. Union of India and Ors

Ravindra Singh Chaudhary v. Union of India 


Central and State Legislations to
Regulate Prize Competitions
Central Legislation:
i. Prize Competition Act, 1955

 State Legislations:
i. Tamil Nadu Prize Schemes (Prohibition) Act, 1979
ii. Maharashtra Lotteries (Control and Tax) and Prize Competitions (Tax)
Act, 1958
iii. The Gujarat Lotteries (Control and Tax) and Prize Competitions (Tax) Act,
1958
iv. Mysore Lotteries and Prize Competitions Control and Tax Act, 1951
v. West Bengal Gambling and Prize Competitions Act, 1957 etc.
Whether any monetary loss should be sustained
on account of unfair trade practices for filing the
complaint?

 Colgate Palmolive (India) Ltd. v. MRTP Commission

General Motors (I) Private vs Ashok Ramnik Lal Tolat & Anr
Thank
You

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy