Consumer Protection in India: Problems and Prospects

The book contains law relating to unfair trade practices as covered under the MRTP and Consumer Protection Acts. The book traces the origin, evolution and development of the law on unfair business practices. The catch phrases of past, privity, freedom and sanctity of contract and the golden principle of yester-years, i.e. Caveat Emptor, have been evaluated in the light of changing marketing paradigms. The book presents a critical appraisal of the definition of the Unfair Trade Practice and the concepts, unfair method, unfair and deceptive acts, borrowed from the American Federal Trade Commission Act, 1914 as amended by the Wheeler Lea Amendment Act, 1938, have been analysed. The commercial advertisements have not received attention of the legal luminaries in India. This book is the first of its kind as it discusses, constitutional protection, defence of puffing, application of mens rea, standard of protection, television advertising, comparative advertising, corrective advertising, interpretation of advertising, in the light of the American, Australian, Canadian and English developments. The specific categories of commercial advertisements and the issues of per se and rule of reason to determine the true of nature of commercial advertisements have been given. The book provides a critical evaluation of the powers of the MRTP and consumer fora vis-a-vis unfair trade practices. The loopholes in the acts and alternatives thereof have been provided. The book in the end gives a brief account of the whole work in the shape of conclusions and suggestions. The book will be helpful to the students, researchers and teachers of consumer studies. It will prove equally beneficial to lawyers, judges, journalists, professionals, business executives, NGO’s marketing and managerial personnel.