A trade practice is touted as unfair when in order to promote its services or sale of its goods, supply and distribution of its products, an entity uses illicit and illegal means to mislead the general public into opting for in-genuine and deceptive goods and services.
Some examples are: portraying the goods to be of good quality when they are actually of inferior/poor quality, misleading public with fake components and ingredients, misrepresentation of services, claiming used goods and products to be brand new, fake advertising, selling goods not complying with safety and other industry standards while claiming otherwise.
These are the acts mentioned under the act which is said as unfair trade practise:
i. False representation of goods or services of particular standard, quality , quantity , grade or composition.
ii. False representation of any rebuilt, renovated and second hand goods as new goods
iii. Representing that goods or services have all the requirements such as approval , performance , characteristics as other goods or services of same kind do not have
iv. Representing falsely that the seller has some approval which he does not have.
v. Making a false statement regarding the usefulness of goods
vi. Gives to the public any warranty or guarantee of the performance which is not based on proper test.
vii. Failure or non-issuance of a bill or a cash memo
viii. Refusal to take back
ix. Disclosure of consumer ‘s personal information to any other person unless such disclosure is made in accordance with the provisions of any law .
Note – Before ascertaining whether it amounts to unfair trade practice , it becomes relevant to determine whether the goods or deficient services have been provided .This section in its current form pre –determines existence of defective product or deficient service.
Limitations-This has been mentioned under section 69 of the act which says that the complaint should be made within a time period of 2 years from the date on which the cause of action arises .However if the complainant satisfies that he had sufficient reason for the delay than commissions may entertain the complaint by recording reasons .
Jurisdictio Omnis 