Unfair trade practice

Unfair trade practices are tricks and pressure used to make a sale or to avoid the seller's obligations afterwards. Consumers can complain to a Consumer Commission, and the Central Consumer Protection Authority can act against such practices, including misleading advertisements.

The law behind it

Section 2(47) of the Consumer Protection Act, 2019 defines unfair trade practice. The list includes:

• Falsely representing the quality, standard, grade or origin of goods or services.
• Misleading claims about guarantees, warranties, prices or the need for a product.
• Not issuing a bill or cash memo for goods sold or services given.
• Refusing to take back or withdraw defective goods, or to refund the price, within the period stated in the bill or, if none, within 30 days.
• Disclosing a consumer's personal information given in confidence, unless the law requires it.

E-commerce

Online sellers and marketplaces must also follow the Consumer Protection (E-Commerce) Rules, which deal with return and refund policies, grievance officers and the display of seller details.

A complaint can combine unfair trade practice with deficiency in service or defective goods. Draft a refund demand letter or a consumer complaint, and read the consumer complaint process.