• Defamation and company law

1. Can we send legal notice to company for false advertisment and wrong information on website? If yes then please tell under which section we can send and then what are the legal punishment Accord to law

2. If a person has been defamed on social media, Can mother send a defamation notice for her son's defamation ( son is above 18 year)

3. If someone does not fulfill any written assurance on WhatsApp, can we send legal notice for fulfilling the written assurance on WhatsApp? If yes under which section we can send
Asked 2 months ago in Civil Law

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11 Answers

You can send legal notice to company for misleading advertisements 

 

2) Section 2(28) of the Consumer Protection Act, 2019(hereafter the Act) defines Misleading advertisement concerning any product or service, means an advertisement as that which “falsely describes such product or service; or conveys an express or implied representation which, if made by the manufacturer or seller or service provider thereof, would constitute an unfair trade practice; or deliberately conceals important information; gives a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service;”[

 

 

3) 

Section 10 of the COPRA 2019 establishes the CCPA and grants it the authority to decide on issues relating to “consumer rights violations, unfair trade practices, and false or misleading advertisements that are harmful to the interests of the public and consumers, as well as to advance, defend, and uphold the rights of consumers as a group.”

 

A complaint alleging unfair trade practices or deceptive advertising may be sent to the Central Authority, the District Collector, or the Commissioner of the regional office. The Director-General or the District Collector may then, per Section 18 of the Act, conduct an investigation or inquiry into the complaint, either on their own “suo-moto” or in response to a complaint or directions from the Central Government.

 

4) if son is 18 years old legal notice should be sent by him 

 

5) you can send legal notice to assurances given on what’s app 

Ajay Sethi
Advocate, Mumbai
94809 Answers
7554 Consultations

5.0 on 5.0

1. If you are a victim or affected by such advertisements,  you can directly drag the company to the consumer commission seeking compensation for unfair trade practice. 

2. The person who has been defamed has to initiate legal proceedings by himself and not through others unless he is physically challenged and unable initiate legal proceedings. 

3. The assurance given through WhatsApp social media will not be considered as a legally valid or enforceable contract and such agreements or void as per contract act 

T Kalaiselvan
Advocate, Vellore
85010 Answers
2208 Consultations

5.0 on 5.0

You can send a notice as per consumer protection act 

Prashant Nayak
Advocate, Mumbai
31968 Answers
180 Consultations

4.1 on 5.0

Please send background facts.

Looks like you are putting academic queries. 

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

You have to contact lawyer on this website for sending legal notice 

 

we do not mention our charges on this website 

Ajay Sethi
Advocate, Mumbai
94809 Answers
7554 Consultations

5.0 on 5.0

For professional service you will have to contact an advocate of your choice, either from this platform or from outside. 

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

You can choose a lawyer of your choice available in this website and willing to take up your case on the terms of the lawyer and engage the services of the chosen lawyer.

T Kalaiselvan
Advocate, Vellore
85010 Answers
2208 Consultations

5.0 on 5.0

1. Under Section 89 of Consumer Protection Act ,  Any manufacturer or service provider who causes a false or misleading advertisement to be made which is prejudicial to the interest of consumers shall be punished with imprisonment for a term which may extend to two years and with fine which may extend to ten lakh rupees; and for every subsequent offence, be punished with imprisonment for a term which may extend to five years and with fine which may extend to fifty lakh rupees.

- Hence, you can send a legal notice to the said company against the false advertisement.

2. If the son is above 18 years then mother cannot be a natural guardian for sending notice on his behalf and hence the son can take legal action himself for the defamation caused to him 

3. No. if there is not agreement supported by the consent , then no offence made out 

Mohammed Shahzad
Advocate, Delhi
13267 Answers
198 Consultations

5.0 on 5.0

this question is as vague as it can be

what was the false advertisement and wrong information - no details are given

if son is an adult, then mother cannot send a notice on his behalf unless she holds a POA from her son

what was written assurance on whatsapp - no details are given

do you think that advocates will answer your query by having a dream about your problem

you should give proper details in order to enable the advocate to answer your query fully and properly

Yusuf Rampurawala
Advocate, Mumbai
7521 Answers
79 Consultations

5.0 on 5.0

Sir,
If you need any further assistance for the same.You can approach me through Kaanoon or LinkedIn.

https://www.linkedin.com/mwlite/in/prashanth-nayak-5477b138

You can ping me on 09 yu 769 fg 490 ghj 911

 

 

 

Prashant Nayak
Advocate, Mumbai
31968 Answers
180 Consultations

4.1 on 5.0

. Legal Notice for False Advertisement and Website Information:

 

Yes, you can send a legal notice. In India, the Consumer Protection Act, 2019 protects consumers from misleading advertisements and unfair trade practices. A legal notice can be a first step to address the issue.

 

Sections Applicable: The relevant sections of the Consumer Protection Act include:

 

Section 2(14): Defines "unfair trade practice" which can include false or misleading advertisements.Section 12(1)(d): Prohibits misleading advertisements.

 

Punishment: The Act empowers authorities to impose penalties on companies engaging in unfair trade practices. These can include:

 

Issuing directions to stop the practice.Ordering refunds or compensation to consumers.Imposing penalties.

 

2. Defamation Notice on Social Media (Son Over 18):

 

Yes, the mother can send a legal notice on her son's behalf. In India, a person has the right to defend their reputation. Even though the son is an adult, the mother can act on his behalf with his authorization.

 

Section Applicable: The Indian Penal Code (IPC) Section 499 defines defamation. A legal notice can reference this section to highlight the offense.

 

3. Legal Notice for Unfulfilled WhatsApp Assurance:

 

Potentially, a legal notice can be sent. The enforceability of a WhatsApp assurance depends on the content and context.

 

Section Applicable: The Indian Contract Act, 1872 lays the foundation for contracts. A well-crafted WhatsApp message might be considered a valid contract, especially if it contains specific details about the agreement. Section 10 of the Act mentions a written contract not required by law to be in any specific form.

 

Important Considerations:

 

Legal Notice is a Pre-litigation Step: A legal notice serves as a formal warning to the company. It doesn't guarantee a resolution but can be a starting point for negotiation or further legal action.Consult a Lawyer: For all these scenarios, consulting a lawyer specializing in consumer protection or contract law is recommended. They can assess the specifics of your situation and advise on the most effective course of action.

 

 

Anik Miu
Advocate, Bangalore
8943 Answers
110 Consultations

4.7 on 5.0

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