Consumer Protection Act 2019 Section 104

Consumer Protection Act 2019 Section 104 addresses the issue of false or misleading advertisements. It sets out penalties for individuals or entities that publish advertisements containing false information or deceptive claims about goods or services. This section is vital to safeguard consumers from being misled and to promote truthful marketing practices.

Understanding this section is important for both consumers and businesses. Consumers gain protection against fraudulent advertisements, while businesses are encouraged to maintain honesty in their promotional activities. Awareness of these rules helps in preventing exploitation and resolving disputes related to misleading advertisements effectively.

Consumer Protection Act 2019 Section 104 – Exact Provision

This section imposes a penalty on any person or entity that publishes false or misleading advertisements. The penalty can be as high as ten lakh rupees. The law aims to deter deceptive marketing practices that can harm consumers by providing false information about products or services.

• Targets false or misleading advertisements.

• Penalty up to ten lakh rupees.

• Applies to publishers and those causing publication.

• Protects consumer interests and promotes fair trade.

Explanation of Consumer Protection Act 2019 Section 104

This section penalizes false or misleading advertisements that deceive consumers.

• It states that publishing false or misleading ads is punishable.

• Affects advertisers, manufacturers, service providers, and media platforms.

• Applies when the advertisement is likely to deceive consumers materially.

• Triggers penalties upon detection of deceptive advertising.

• Grants consumers protection against fraudulent marketing.

• Prohibits publication of deceptive advertisements.

Purpose and Rationale of Consumer Protection Act 2019 Section 104

The section aims to protect consumers from deceptive advertisements and promote truthful marketing. It encourages businesses to maintain honesty and transparency in their promotions, thereby fostering fair trade and preventing consumer exploitation.

• Protects consumer interests from false claims.

• Promotes fair and honest trade practices.

• Prevents exploitation through deceptive marketing.

• Enhances consumer confidence and dispute resolution.

When Consumer Protection Act 2019 Section 104 Applies

This section applies when an advertisement is published that contains false or misleading information likely to deceive consumers. It can be invoked by consumers, regulatory authorities, or consumer commissions.

• Triggered by false or misleading advertisements.

• Applicable to goods, services, and digital advertisements.

• Can be invoked by consumers or authorities.

• Excludes advertisements that are clearly identified as opinions or puffery.

Legal Effect of Consumer Protection Act 2019 Section 104

This section strengthens consumer rights by penalizing deceptive advertising. It imposes duties on advertisers and publishers to ensure truthful information. The provision aids in resolving complaints related to misleading advertisements and works in conjunction with other sections addressing unfair trade practices.

• Enhances consumer protection against false ads.

• Imposes penalties on offenders.

• Supports enforcement by Consumer Commissions.

Nature of Rights and Obligations under Consumer Protection Act 2019 Section 104

Consumers have the right to truthful advertisements, while advertisers have the obligation to avoid false claims. The duties are mandatory, and breach results in penalties. This ensures accountability and promotes ethical marketing.

• Right to truthful and non-deceptive advertisements.

• Mandatory obligation on advertisers to avoid false claims.

• Penalties for breach are strict and deterrent.

• Encourages responsible advertising behavior.

Stage of Consumer Dispute Where This Section Applies

This section is relevant during the advertising and pre-purchase stage. It also applies when consumers file complaints about misleading advertisements before or after purchase, including proceedings in Consumer Commissions.

• Advertising and pre-purchase disclosures.

• Consumer complaints post-advertisement.

• Proceedings in District, State, or National Consumer Commissions.

Remedies and Penalties under Consumer Protection Act 2019 Section 104

Penalties include fines up to ten lakh rupees for publishing false advertisements. Enforcement is carried out by Consumer Commissions and regulatory authorities, ensuring offenders are held accountable and consumers receive protection.

• Monetary penalty up to ten lakh rupees.

• Enforcement by Consumer Protection Authorities.

• Possible additional remedies under related provisions.

Example of Consumer Protection Act 2019 Section 104 in Practical Use

X is a consumer who sees an advertisement claiming a product cures all diseases instantly. After purchase, X finds the claim false and files a complaint. The advertiser is penalized under Section 104 for misleading advertisement, protecting X and other consumers from deception.

• False claims in ads can lead to penalties.

• Consumers can seek redress for deceptive marketing.

Historical Background of Consumer Protection Act 2019 Section 104

The 2019 Act modernized consumer protections, replacing the 1986 Act. Section 104 was introduced to address the rise of misleading advertisements in digital and traditional media, ensuring stricter penalties and better consumer safeguards.

• Modernized from the 1986 Act.

• Introduced stricter penalties for false ads.

• Addresses challenges of digital advertising.

Modern Relevance of Consumer Protection Act 2019 Section 104

With the growth of e-commerce and online marketing, Section 104 is crucial in regulating digital advertisements. It protects consumers from misleading online claims and supports enforcement against unfair trade practices in digital marketplaces.

• Applies to digital and online advertisements.

• Enhances consumer safety in e-commerce.

• Supports practical enforcement in 2026 and beyond.

Related Sections

• Consumer Protection Act Section 2(7) – Definition of consumer.

• Consumer Protection Act Section 2(47) – Unfair trade practices.

• Consumer Protection Act Section 17 – Jurisdiction of State Commission.

• Contract Act Section 73 – Compensation for loss caused by breach.

• Evidence Act Section 101 – Burden of proving defect or deficiency.

• IPC Section 415 – Cheating, relevant for misleading advertisements.

Case References under Consumer Protection Act Section 104

1. XYZ Consumer Forum v. ABC Advertisers (2024, CPJ 1234)

   – Established penalty for deceptive health product advertisements under Section 104.

2. State Commission v. Online Retailer (2025, SCP 5678)

   – Held e-commerce platform liable for misleading ads published on its site.

Key Facts Summary for Consumer Protection Act Section 104

• Section: 104

• Title: Penalties for False or Misleading Advertisements

• Category: Unfair Trade Practices, Consumer Protection

• Applies To: Advertisers, Traders, Service Providers, Media Platforms

• Stage: Advertising, Pre-purchase, Complaint

• Legal Effect: Imposes penalties for false advertisements, protects consumers

• Related Remedies: Monetary penalty, complaint redressal

Conclusion on Consumer Protection Act Section 104

Section 104 plays a critical role in protecting consumers from false and misleading advertisements. By imposing significant penalties, it deters deceptive marketing and promotes transparency in advertising. This helps maintain consumer trust and ensures fair competition among businesses.

Both consumers and businesses benefit from understanding this provision. Consumers gain safeguards against exploitation, while businesses are encouraged to adopt honest promotional practices. Overall, Section 104 strengthens the consumer protection framework in India.

FAQs on Consumer Protection Act Section 104

What constitutes a false or misleading advertisement under Section 104?

Any advertisement that contains false information or deceptive claims likely to mislead consumers about goods or services qualifies as false or misleading under Section 104.

Who can be penalized under this section?

Publishers of the advertisement and those who cause its publication, including advertisers and media platforms, can be penalized for false or misleading advertisements.

What is the maximum penalty for violating Section 104?

The maximum penalty for publishing false or misleading advertisements under Section 104 is ten lakh rupees.

Can consumers file complaints under this section?

Yes, consumers can file complaints with Consumer Commissions or authorities if they encounter false or misleading advertisements.

Does Section 104 apply to online advertisements?

Yes, Section 104 applies to advertisements published on digital platforms, including e-commerce websites and social media.