I saw a misleading advertisement about a health product in Delhi, how to complain?

Detailed Legal Analysis

If you have seen a misleading advertisement about a health product in Delhi, you can lodge a complaint with the appropriate authorities under the Consumer Protection Act, 2019, and the Advertising Standards Council of India (ASCI) guidelines.

Here are the steps you can follow to file a complaint:

• Gather Evidence: Collect all necessary evidence of the misleading advertisement, including screenshots, printouts, or video recordings, along with any relevant details about the product.
• Identify the Advertiser: Determine the company or entity responsible for the advertisement. This is essential for directing your complaint to the right party.
• File a Complaint with ASCI: You can lodge a complaint with the Advertising Standards Council of India, which regulates advertisements in India. Provide your evidence and details through their official website or email. The ASCI will review the complaint and take necessary action, which may include issuing a notice to the advertiser.
• Contact Consumer Forum: If you wish to seek redressal for any harm caused by the misleading advertisement, you can file a complaint at the Consumer Forum under the Consumer Protection Act, 2019. You can approach:
• District Consumer Disputes Redressal Forum (if the claim is up to ₹20 lakhs)
• State Consumer Disputes Redressal Commission (if the claim is between ₹20 lakhs to ₹1 crore)
• National Consumer Disputes Redressal Commission (if the claim exceeds ₹1 crore)
• Prepare Your Complaint: When filing a complaint, include the following:
• Your name and contact information
• Details of the misleading advertisement
• Evidence supporting your claim
• Details of any losses incurred due to the misleading advertisement
• Submit the Complaint: Complaints can be filed online through the National Consumer Helpline or in person at the relevant Consumer Forum. Ensure to keep copies of all documents submitted.
• Follow Up: After submission, you can track the progress of your complaint. Consumer Forums generally resolve complaints within a stipulated time frame.

Relevant legal provisions include:

• Consumer Protection Act, 2019: This law protects consumers against unfair trade practices and misleading advertisements (Sections 2(47), 2(28), and 2(46)).
• Indian Penal Code, 1860: Sections regarding fraud and misrepresentation may also apply in severe cases.

By following these steps, you can effectively raise your concern regarding misleading advertisements in Delhi.