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False advertising is explicitly prohibited under the Khyber Pakhtunkhwa Consumer Protection Act, 1997, as it constitutes an unfair trade practice. This includes any misleading or deceptive claims in advertisements that cause financial or other loss to consumers. The Act aims to protect consumer rights by ensuring fair commercial practices and providing speedy redress through Consumer Courts and Councils. Violators can face penalties including imprisonment up to two years, fines up to PKR 100,000, or both, in addition to compensation for the consumer (e.g., refunds, damages, or legal fees).
The process for filing a complaint is designed to be accessible, with no court fees required, and can be handled by the consumer themselves or through a lawyer. Consumer Courts in KPK are presided over by District and Sessions Judges, and complaints can also be filed with District Consumer Protection Councils for initial resolution. Below is a detailed step-by-step guide based on the Act and established practices.
▪Collect proof that the advertising was false or misleading (e.g., screenshots, print ads, videos, or product packaging showing discrepancies between claims and reality).
▪Document how the false advertising affected you: Include receipts, proof of purchase, details of the product/service received, and any losses incurred (financial, health-related, or otherwise).
▪Confirm you qualify as a "consumer" under the Act: This includes anyone who buys goods or services for personal use (not resale or commercial purposes).
▪Note: The Act covers false claims about quality, quantity, standards, or benefits of goods/services.
Draft a notice on plain paper addressed to the company (manufacturer, seller, or advertiser). Clearly state:
Send the notice via registered post or courier with acknowledgment of receipt to prove delivery. Keep copies for your records.If the company responds and resolves the matter (e.g., by compensating you), the process ends here. If not, proceed to the next step.
If you prefer a less formal approach before court, contact your local District Consumer Protection Council (chaired by the District Coordination Officer or equivalent).
Submit a written complaint on plain paper describing the issue, attaching evidence and a copy of the legal notice.
The Council can investigate, mediate, and recommend solutions, including fines up to PKR 50,000 for violations like false advertising.
This step promotes awareness and quicker resolution but is not required if you want to go directly to court.
If you prefer a less formal approach before court, contact your local District Consumer Protection Council (chaired by the District Coordination Officer or equivalent).
How to file:
Once the complaint is filed, the Consumer Court will issue a summons to the company, requiring them to appear and submit their response to the allegations of false advertising. The proceedings in these courts are conducted in a summary manner, designed to ensure swift justice for consumers; while the court possesses powers akin to those of a civil court—such as the ability to summon witnesses, compel the production of documents, and thoroughly examine all presented evidence—it prioritizes expedited resolutions to avoid prolonged delays.
As the complainant, you may be required to attend hearings either in person or represented by a lawyer, where you will have the opportunity to present your case, including all gathered evidence like advertisements, purchase receipts, and details of incurred losses. In instances where the company fails to respond or appear, the court has the authority to proceed ex parte, rendering a decision solely based on the evidence and arguments you provide, potentially leading to favorable outcomes such as compensation or penalties against the violator.
If successful, the court may order:
Appeals: Either party can appeal to the High Court within 30 days if dissatisfied.
Enforcement: The court can enforce orders like civil decrees (e.g., attachment of property if non-compliant).
Time Limit: Complaints should ideally be filed within two years of the cause of action, but earlier is better to preserve evidence.
Multiple Consumers: If many are affected, a class action or joint complaint can be filed.
Updates: The Act was amended in 2017, but core procedures remain similar. Check the latest via the KPK government's website (kpcode.kp.gov.pk) for any changes.
Seek Professional Help: While self-filing is possible, consulting a lawyer ensures compliance and strengthens your case.
This process empowers consumers in KPK to hold companies accountable for deceptive practices, promoting fair trade. If your case involves complex evidence, professional legal advice is recommended.