How to take legal action against misleading advertisement

704 votes

if you are not a affected person then you can not approach consumer court according to me but as a citizen of india you have right to file public interest litigation in high court. you can go for that.

Advocate Nirmit Pathak LawRato

939 votes

Hi,
Unless you are not affected or injured or harmed you cannot file case in consumer court. But if advertisement is such that it harms the general public than in the interest o general public you can file Public Interest Litigation ,popularly known as PIL.
Procedure for same would be:
Collect all the relevant information

Be meticulous in gathering detail that would be helpful to you in the case. If you plan on using photographs, retain the negatives and take an affidavit from the photographer.

Write to the relevant authorities and be clear about your demands.

Maintain records in an organized fashion.

Consult a lawyer on the choice of forum.

Engage a competent lawyer. If you are handling the matter yourself make sure you get good legal advice on the drafting.

You may have to issue a legal notice to the concerned parties / authorities before filing a PIL. Filing a suit against the government would require issuing a notice to the concerned officer department at least two months prior to filing.

If you are filing PIL in High Court, then two copies of the petition have to be filed. Also, an advance copy of the petition has to be given to the opposing party.

If you are filing a PIL in the Supreme Court, then five sets of petition have to be filed. The opposite party is served the copy only when notice is issued.

Advocate Siddhant Sharma LawRato