How to File a Complaint Against a Company for Misleading Advertisements in India

Consumers in India can file complaints against companies that publish misleading advertisements, make false product claims, hide important conditions or use deceptive promotional tactics. Such advertisements may relate to food, medicines, insurance, banking, real estate, online shopping, education, electronics or other products and services.

The Consumer Protection Act, 2019 provides legal protection against misleading advertisements. Consumers can approach the Central Consumer Protection Authority (CCPA), use the National Consumer Helpline, file a consumer case before the appropriate Consumer Commission, or complain to the Advertising Standards Council of India (ASCI), depending on the nature of the issue.

A consumer does not necessarily have to suffer a financial loss before reporting a misleading advertisement. However, the appropriate complaint route and available remedy depend on whether the complaint concerns a false advertising claim, an actual defective product or service, or financial loss caused by the advertisement.

How to File a Complaint Against a Company for Misleading Advertisements in India

Companies use advertisements to promote products and services, but sometimes their promotional claims can mislead consumers. A company may advertise unrealistic discounts, promise guaranteed results, hide additional charges, make false product claims or display misleading information about the quality of its services.

Indian consumers are protected against such practices under the Consumer Protection Act, 2019. The law also empowers the Central Consumer Protection Authority (CCPA) to take action against false or misleading advertisements.

If you have come across a deceptive advertisement, you can report it through the National Consumer Helpline, approach the appropriate Consumer Commission, or submit a complaint to the Advertising Standards Council of India (ASCI).

This article explains the legal provisions, complaint process, evidence requirements and possible action against companies responsible for misleading advertisements in India.

What Is Considered a Misleading Advertisement in India?

Under Section 2(28) of the Consumer Protection Act, 2019, a misleading advertisement includes an advertisement that:

• Falsely describes a product or service.
• Gives a false guarantee or misleads consumers about the nature, quality, quantity or substance of a product.
• Makes representations that amount to an unfair trade practice if made by the manufacturer, seller or service provider.
• Deliberately conceals important information.

For example, a company advertises a smartphone as having a particular storage capacity, but the actual product has significantly less usable storage without adequately explaining the difference.

Other examples include:

• Advertising a product at a discounted price when the advertised offer is not genuinely available.
• Promising guaranteed investment returns without a lawful basis.
• Claiming that a cosmetic product produces guaranteed results without adequate substantiation.
• Advertising a loan with zero processing fees while hiding mandatory charges.
• Promoting a coaching institute using false placement or success-rate claims.
• Displaying an environmental claim such as “100% eco-friendly” without adequate support.

Not every exaggerated marketing statement automatically becomes a misleading advertisement. The actual representation, context, evidence and applicable advertising rules must be examined.

Which Laws Protect Consumers Against Misleading Advertisements?

Several legal provisions and guidelines regulate misleading advertisements in India.

The Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 are particularly important. They address misleading claims, bait advertisements, surrogate advertisements, disclaimers, advertisements targeting children and the responsibilities of advertisers and endorsers.

The Department of Consumer Affairs also publishes additional guidelines, including rules concerning misleading advertisements in the coaching sector and misleading environmental claims.

Official reference: https://www.ccpa.doca.gov.in/guidelines

Where Can You File a Complaint Against a Company for Misleading Advertisements?

Consumers have several options. The appropriate authority depends on whether the objective is to report an advertisement, seek an individual refund or compensation, or bring a wider consumer-protection issue to the authorities.

National Consumer Helpline (NCH)

The National Consumer Helpline is a Government of India initiative under the Department of Consumer Affairs. It provides a pre-litigation grievance-redressal mechanism.

You can use it to report a company’s misleading advertisement and raise an individual consumer grievance.

How to file a complaint:

1. Visit https://consumerhelpline.gov.in/.
2. Register or log in to your account.
3. Select the appropriate grievance category.
4. Enter the company or brand name.
5. Explain how the advertisement misled you.
6. Upload supporting documents, screenshots or other evidence.
7. Submit the grievance and save the docket number.

You can also register a complaint through these channels:

The helpline operates from 8 AM to 8 PM, except on national holidays.

Keep your docket number so that you can follow up on the complaint.

Central Consumer Protection Authority (CCPA)

The Central Consumer Protection Authority is established under Section 10 of the Consumer Protection Act, 2019.

Its responsibilities include protecting consumer rights, preventing unfair trade practices and taking action against false or misleading advertisements that affect consumers as a class.

The CCPA can investigate relevant matters and issue directions to discontinue or modify misleading advertisements.

How to approach the CCPA:

1. Collect the advertisement and supporting evidence.
2. Identify the advertiser, manufacturer, brand or publisher.
3. Explain the misleading representation and its potential impact on consumers.
4. Provide details of the affected consumer group, where relevant.
5. Submit the information through the appropriate official consumer-protection channel.

An important distinction is that the CCPA primarily deals with consumer-protection matters affecting consumers as a class. Its official website directs individual consumer grievances to the National Consumer Helpline.

Official website: https://www.ccpa.doca.gov.in/

Advertising Standards Council of India (ASCI)

The Advertising Standards Council of India is a self-regulatory organisation that deals with the content and ethics of advertisements.

You can approach ASCI if an advertisement contains misleading claims, untruthful information, indecent content, unsafe messaging or unfair comparisons with competing products.

Steps to complain to ASCI:

1. Visit https://www.ascionline.in/.
2. Open the complaint section.
3. Register your complaint through its complaint-management system.
4. Identify the advertiser and product or service.
5. Provide the advertisement’s date, time and platform.
6. Explain which claim or part of the advertisement is misleading.
7. Submit the complaint and follow its progress.

ASCI accepts complaints from members of the general public, industry representatives, consumer organisations and government bodies. Its regular public complaint process is free.

However, ASCI does not handle matters such as refund disputes, product deficiencies, fraud cases or pricing issues as standalone complaints. Those issues may require another consumer-redressal route.

Official website: https://www.ascionline.in/complaint-faq/

Consumer Commission Through e-Jagriti

If a misleading advertisement caused you financial loss or resulted in an unfair trade practice involving goods or services, you may consider filing a formal consumer complaint.

Under Section 35 of the Consumer Protection Act, 2019, a consumer can file a complaint before the appropriate Consumer Commission, including for an alleged unfair trade practice.

You can file the complaint online through the Government’s e-Jagriti portal.

How to file:

1. Visit https://e-jagriti.gov.in/.
2. Register and create your profile.
3. Select the option to file a new consumer case.
4. Enter the complainant’s and opposite party’s details.
5. Describe the misleading advertisement and the resulting grievance.
6. Upload the advertisement, invoice, payment proof and other supporting documents.
7. State the relief or compensation being requested.
8. Pay the applicable filing fee and submit the complaint.

You can also seek legal assistance from a consumer-law practitioner if the matter involves substantial financial loss or complicated facts.

What Evidence Is Required to File a Complaint?

Evidence is important because the authorities need to understand exactly what was advertised and why the claim is misleading.

Try to collect the following:

For online advertisements, save the webpage URL, date and time, and take screenshots showing the advertiser’s identity wherever possible.

Do not edit the original evidence in a way that changes its meaning. Keep original files and communications safely stored.

What Action Can Be Taken Against a Company for Misleading Advertisements?

Section 21 of the Consumer Protection Act, 2019, gives the CCPA powers to take action after the required investigation.

Possible actions include:

• Directing the company or relevant party to discontinue a misleading advertisement.
• Ordering modification of the advertisement.
• Imposing penalties under the Act.
• Prohibiting an endorser from making endorsements for a specified period.

The statutory penalties under Section 21 include:

These are maximum statutory limits, not automatic fines in every complaint. The CCPA considers relevant circumstances and must follow the applicable procedure, including giving the affected person an opportunity to be heard.

Can You Claim Compensation for Loss Caused by a Misleading Advertisement?

Yes. If you purchased a product or service after relying on misleading claims and suffered a loss, you may seek appropriate relief before the Consumer Commission.

Depending on the facts and evidence, possible relief may include:

• Refund of the purchase price.
• Replacement of the product.
• Compensation for proven loss or injury.
• Discontinuation of an unfair trade practice.
• A direction to issue a corrective advertisement.
• Costs of the proceedings.

For example, suppose a company advertises a home appliance with a specific technical feature, but the product delivered does not have that feature. If you purchased it based on that representation, you may have grounds to seek a refund or other appropriate relief.

The Consumer Commission will examine the transaction, the advertisement, the evidence and the applicable legal provisions before deciding the matter.

What Is the Time Limit for Filing a Consumer Complaint?

Section 69 of the Consumer Protection Act, 2019, generally provides a limitation period of two years from the date on which the cause of action arises for filing a complaint before a Consumer Commission.

A complaint filed after this period may still be considered if the Commission is satisfied that sufficient cause existed for the delay.

Do not assume that the limitation period automatically starts from the date you discover every detail of an advertisement. The relevant cause of action and its date depend on the facts of the dispute.

It is advisable to take action promptly and preserve the relevant evidence.

Sample Complaint Format Against a Company for Misleading Advertisement

You can use the following format when submitting a complaint to a company or consumer authority. Modify it according to your circumstances.

Subject: Complaint Against Misleading Advertisement by [Company Name]

To,
The Concerned Authority,

I wish to register a complaint against [Company Name] for publishing an advertisement that contains misleading information about its product/service.

The company advertised that [describe the specific claim]. However, the actual product/service does not match the representation made in the advertisement.

I believe this representation is misleading and may amount to an unfair trade practice under the Consumer Protection Act, 2019.

The relevant advertisement appeared on [mention platform, website, newspaper or television channel] on or around [date]. I am attaching the available screenshots, payment records and other supporting documents for verification.

I request the concerned authority to examine the matter and take appropriate action under the applicable consumer-protection laws. Where applicable, I also request suitable relief for the loss suffered.

Thank you.

Name:
Contact Details:
Company Name:
Advertisement Link:
Date:

Important Precautions Before Filing a Complaint

Before submitting a complaint, consider these points:

• Verify whether the advertisement actually contains a false or misleading representation.
• Read the full terms and conditions instead of relying only on a promotional headline.
• Preserve screenshots and original advertisement recordings.
• Identify the correct company, advertiser or service provider.
• Clearly explain the difference between the advertised claim and the actual product or service.
• Keep a record of all complaint numbers and communications.
• Avoid making unsupported allegations or exaggerating the loss.
• If you suffered financial loss, consider filing a formal consumer case rather than relying only on an informal complaint.

Frequently Asked Questions

Can I complain about a misleading advertisement without purchasing the product?

Yes. You can report a potentially misleading advertisement to ASCI or bring relevant information to the attention of consumer-protection authorities. However, seeking an individual refund or compensation generally requires an appropriate consumer dispute and supporting facts.

Can I file a complaint against a celebrity for promoting a misleading product?

Yes, an endorser may face action under Section 21 of the Consumer Protection Act, 2019, subject to the statutory conditions and applicable due-diligence defence.

Can I complain about misleading advertisements on Instagram or YouTube?

Yes. Advertisements published through social media, websites and other digital platforms can also come under applicable consumer-protection and advertising rules.

Preserve the post link, screenshots, video and details identifying the advertiser.

Is filing a complaint with the National Consumer Helpline free?

Yes. Registering a grievance through the National Consumer Helpline is free. A formal case before a Consumer Commission may involve an applicable filing fee.

Can a company be forced to withdraw a misleading advertisement?

Yes. Under Section 21, the CCPA can direct the concerned parties to discontinue or modify a misleading advertisement after the required investigation.

Can I claim compensation if I purchased a product because of a false advertisement?

You may seek compensation or other appropriate relief before the Consumer Commission if you can establish the relevant consumer dispute, unfair trade practice and loss or injury.

Is ASCI the same as the CCPA?

No. ASCI is an advertising-industry self-regulatory organisation, whereas the CCPA is a statutory authority established under the Consumer Protection Act, 2019. Their roles and powers are different.

Conclusion

Consumers in India have several legal options for reporting misleading advertisements. The National Consumer Helpline provides a convenient first step for individual grievances, ASCI handles complaints about advertising content under its self-regulatory framework, and the CCPA can take statutory action against misleading advertisements affecting consumer interests as a class.

If a misleading advertisement has caused financial loss, a consumer may also approach the appropriate Consumer Commission through e-Jagriti and seek a refund, compensation or other relief available under the law.

The most important step is to preserve the advertisement and supporting documents before submitting a complaint. Clear evidence of the misleading claim can help the concerned authority assess the matter and take appropriate action.

Disclaimer: This article is for general legal information and does not constitute professional legal advice. The appropriate complaint mechanism and available remedies depend on the facts, evidence and applicable laws.