Unfair Trade Practice

uhn-FAIR trayd PRAK-tis

Deceptive business practice.

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Definition

UTP Deceptive Trade Practice

Deceptive business practice.

Practice adopted for promoting sale with false representation.

Statutory Definition

Consumer Protection Act.

Etymology & Origin

Originated in competition and consumer protection law to curb businesses from using deceitful, misleading, or fraudulent methods to sell goods or services.

Full Legal Analysis

An Unfair Trade Practice (UTP) refers to any deceptive or fraudulent business practice or act that causes injury to a consumer. It is a fundamental concept in consumer protection aimed at maintaining market integrity.

It includes false advertising, misleading representations about the standard or quality of goods, offering deceptive warranties, and hoarding goods to artificially raise prices.

Consumer Protection Act, 2019 — Section 2(47): Provides an exhaustive list of practices that constitute an 'unfair trade practice', including false representations, false offers of bargain prices, and non-compliance with prescribed standards.

In consumer litigation, alleging an unfair trade practice allows a consumer to seek not only compensation but also orders directing the business to cease the practice entirely, protecting future consumers.

KLM Royal Dutch Airlines v. Director General of Investigation and Registration (2009) CPJ 15 (SC)
The Supreme Court addressed what constitutes misleading pricing and unfair trade practices in the context of airline ticket advertising.

The 2019 Act significantly expanded the definition of UTPs to cover e-commerce and digital transactions, making it a critical tool for advocates dealing with modern consumer fraud.

This Term in Indian Statutes

CPA 2(47)
strict

Consumer Protection Act, 2019, 2019

"Defines unfair trade practice including false representations and misleading advertisements."

The definitive list of actions that businesses are prohibited from engaging in regarding consumers.

Other Legislation

Consumer Protection Act, 2019 2(47)
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