O R D E R

% 03.09.2024

1. The Petitioner is an institute offering coaching services to candidates aspiring for the Civil Services Examination conducted by the Union Public Service Commission1. They are aggrieved by the notices dated 25th August, 2022 and 29th August, 20232, issued by Respondent No. 1, the Central Consumer Protection Authority3 constituted under Section 10 of the Consumer Protection Act, 20194. These notices allege violation of Section

1 “UPSC”

2 “Impugned notices” 3 “Central Authority”

4 ‘the Act’

W.P.(C) 12017/2024 Page 1 of 7

18(1) of the Act in relation to certain advertisements which showcased the success of the Petitioner’s students in Civil Services Examination 2021 and Civil Services Examination 2022.

2. Under the framework of the Act, following an investigation carried out by Respondent No. 4, the investigative wing of the Central Consumer Protection Authority under Section 18 of the Act, the Central Authority has proceeded to issue the impugned notices to the Petitioner under Section 21 of the Act, which empowers them to take action against false or misleading advertisements. Section 21 reads as follows:

“Section 21. Power of Central Authority to issue directions and penalties against false or misleading advertisements.

(1) Where the Central Authority is satisfied after investigation that any advertisement is false or misleading and is prejudicial to the interest of any consumer or is in contravention of consumer rights, it may, by order, issue directions to the concerned trader or manufacturer or endorser or advertiser or publisher, as the case may be, to discontinue such advertisement or to modify the same in such manner and within such time as may be specified in that order.

(2) Notwithstanding the order passed under sub-section (1), if the Central Authority is of the opinion that it is necessary to impose a penalty in respect of such false or misleading advertisement, by a manufacturer or an endorser, it may, by order, impose on manufacturer or endorser a penalty which may extend to ten lakh rupees:

Provided that the Central Authority may, for every subsequent contravention by a manufacturer or endorser, impose a penalty, which may extend to fifty lakh rupees.

(3) Notwithstanding any order under sub-sections (1) and (2), where the Central Authority deems it necessary, it may, by order, prohibit the endorser of a false or misleading advertisement from making endorsement of any product or service for a period which may extend to one year:

Provided that the Central Authority may, for every subsequent contravention, prohibit such endorser from making endorsement in W.P.(C) 12017/2024 Page 2 of 7 respect of any product or service for a period which may extend to three years.

(4) Where the Central Authority is satisfied after investigation that any person is found to publish, or is a party to the publication of, a misleading advertisement, it may impose on such person a penalty which may extend to ten lakh rupees.

(5) No endorser shall be liable to a penalty under sub-sections (2) and (3) if he has exercised due diligence to verify the veracity of the claims made in the advertisement regarding the product or service being endorsed by him.

(6) No person shall be liable to such penalty if he proves that he had published or arranged for the publication of such advertisement in the ordinary course of his business:

Provided that no such defence shall be available to such person if he had previous knowledge of the order passed by the Central Authority for withdrawal or modification of such advertisement.

(7) While determining the penalty under this section, regard shall be had to the following, namely: --

(a) the population and the area impacted or affected by such offence;

(b) the frequency and duration of such offence;

(c) the vulnerability of the class of persons likely to be adversely affected by such offence; and (d) the gross revenue from the sales effected by virtue of such offence.

(8) The Central Authority shall give the p