How to file complaints for misleading online offers during festive sales?

During festive sales, online retailers and platforms often attract consumers with huge discounts, flash sales, and limited-time offers. While many of these promotions are legitimate, some may be misleading or even deceptive, leading to disappointment for consumers who expect one thing but receive another. Examples include false advertising (e.g., claiming a 50% discount on a product that is not actually discounted) or unclear terms that trap consumers into paying more than anticipated.

To protect consumers from these unfair practices, the Consumer Protection Act, 2019, and E-Commerce Rules, 2020 ensure that online businesses are transparent in their offers and advertising. Consumers have the right to file complaints and seek redressal for misleading offers and unfair trade practices.

Steps to File Complaints for Misleading Online Offers During Festive Sales

Review the Terms and Conditions of the Offer

• Before taking any action, ensure that you carefully read the terms and conditions of the sale offer. Sometimes, offers might be limited to certain products or have specific conditions that consumers may overlook. For example, discounts may only apply to certain items or require using a promo code.
• If the offer’s terms were misleading or not clearly stated, it strengthens your case for a complaint.

Contact the Online Platform's Customer Support

• First, reach out to the customer support team of the online platform or retailer.
• Make your complaint clear and provide:
  • Screenshots of the misleading offer.
  • Transaction details to prove that the discount was not applied or the offer was not as advertised.
• Example: If you purchased a product that was advertised at 50% off, but the discount wasn’t applied, explain this clearly to the platform’s customer support team.

Escalate the Complaint Within the Platform

• If customer support doesn’t resolve the issue, escalate the matter to higher authorities within the online platform, such as the grievance redressal department.
• Most e-commerce platforms are required to resolve complaints within 15 days under the Consumer Protection (E-Commerce) Rules, 2020.

File a Complaint with the National Consumer Helpline (NCH)

• If the issue is not resolved satisfactorily by the platform, consumers can file a formal complaint with the National Consumer Helpline.
• This government service helps consumers with complaints regarding misleading advertisements, unfair trade practices, and issues arising from online purchases.
• Visit the National Consumer Helpline website (consumerhelpline.gov.in) or call 1800-11-4000 to lodge your complaint.
• Provide clear evidence such as:
  • Screenshots of the misleading offer.
  • Communication with the seller.
  • Proof of payment.

File a Complaint in Consumer Forums

• If the complaint is not addressed through the platform or the National Consumer Helpline, you can file a complaint in a consumer forum.
• This is an official mechanism to resolve disputes.
• You can approach:
  • District Consumer Forum: For claims up to ₹20 lakh.
  • State Consumer Forum: For claims between ₹20 lakh and ₹1 crore.
  • National Consumer Forum (NCDRC): For claims above ₹1 crore.
• You can claim a refund for the product if the offer was not honored or compensation for inconvenience caused by misleading marketing.

Report to the Advertising Standards Council of India (ASCI)

• If the misleading offer is based on false advertising, file a complaint with the Advertising Standards Council of India (ASCI).
• ASCI regulates the advertisements in India and ensures they are truthful and not misleading.
• ASCI has specific guidelines to address deceptive ads, and if your complaint is upheld, the retailer may be asked to remove the misleading ad or face penalties.
• Consumers can file complaints directly on the ASCI website (www.ascionline.org).

Report to the Department of Consumer Affairs

• If you believe the misleading offer violates consumer rights or is part of a broader unfair trade practice, you can report it to the Department of Consumer Affairs.
• The Department can take action against unfair trade practices and deceptive advertising, particularly when it involves widespread consumer deception.

Approach Consumer Court for Compensation

• If the misleading offers have led to significant financial loss, emotional distress, or inconvenience, you may approach consumer court for compensation.
• The consumer court can direct the seller to honor the advertised offer or issue a refund along with compensation for any harm caused due to false advertising.

Laws and Regulations Protecting Consumers from Misleading Offers

Consumer Protection Act, 2019

• Section 2(47): Defines deficiency in service, which includes cases where the product or service was not provided as promised, such as in the case of misleading sales offers.
• Section 2(9): Defines unfair trade practices as any deceptive practice that misleads consumers into purchasing goods or services under false pretenses, including misleading advertisements.

E-Commerce Rules, 2020

• These rules mandate that online sellers provide clear, accurate information about products, offers, and discounts. If the sale offer is found to be misleading or untrue, the consumer can request a refund or file a complaint for unfair practices.
• The platform must resolve consumer complaints within 15 days.

Indian Penal Code (IPC)

• Section 420: Deals with cheating and dishonest inducement. If an online retailer uses false pretenses or deceptive tactics to induce purchases (e.g., misleading discounts or offers), it may fall under criminal liability for cheating.
• Section 468: This section applies to forgery related to commercial transactions, including deceptive offers or forged advertising claims.

Advertising Standards Council of India (ASCI)

ASCI monitors and regulates advertisements in India. If a retailer engages in false advertising such as claiming a 50% discount on products that are not discounted ASCI can investigate and order the retailer to remove the misleading advertisement.

Example of Misleading Online Offer Complaint

Scenario:

Ravi purchases a smartphone from an online platform during the Diwali sale which was advertised with 50% off. However, when Ravi receives the phone, he notices the actual discount is only 15% and the product’s quality doesn’t match the description. Ravi contacts customer support but gets no resolution.

Steps Ravi Should Take:

• Contact Customer Support: Ravi should first escalate the issue with the platform’s customer service team, providing screenshots of the misleading offer and details of the transaction.
• File a Complaint with NCH: If customer service fails to address the issue, Ravi can file a complaint with the National Consumer Helpline for further action.
• Report to ASCI: Ravi can report the misleading advertisement to ASCI if he believes the platform's advertising was false or deceptive.
• Approach the Consumer Forum: If the issue persists, Ravi can file a formal complaint in the Consumer Forum to seek a refund or compensation.

Conclusion

Consumers have the right to be protected from misleading offers and false advertising during online festive sales. Through the Consumer Protection Act, 2019, E-Commerce Rules, 2020, and other legal provisions, consumers can challenge deceptive practices, seek redressal, and ensure fair business practices. If an offer is found to be misleading, consumers can file complaints with consumer helplines, consumer forums, and regulatory bodies like ASCI to secure a refund or compensation. It is crucial that consumers are aware of their rights and know the steps to take to protect themselves from unfair marketing during seasonal sales.