Consumer Issues
Consumers with common interest can file or join class action suit: NCDRC
The National Consumer Disputes Redressal Commission (NCDRC) has upheld that consumers having a common interest or grievance and seeking same relief can file class action suit against the other party. This judgement also paves way for lakhs of investors to seek relief from companies that are not repaying money invested in corporate fixed deposits (FDs).
 
"In one of the written submissions, it is contended that since a complaint in a representative capacity can be filed only on behalf of all the consumer having the same interest, such a complaint will not be maintainable where one or more individual complaints, expressing such a grievance are already pending. We however, are unable to accept the contention. No such restriction finds place in Section 12(1)(c) of the Consumer Protection Act or in Order I Rule 8 of the Code of Civil Procedure. Accepting such a contention would defeat the very purpose of allowing such a suit or complaint since every consumer would be compelled to file an individual complaint leading to multiplicity of proceedings. Such an interpretation would not serve the cause either of the consumer or of the service provider," ruled a three member Bench at the NCDRC.
 
In the order, the Bench of Justice DK Jain, Justice VK Jain and Dr BC Gupta, stated, "Section 12(1) (c) of the Consumer Protection Act when read with Order I Rule 8 of the Code of the Civil Procedure will apply if (i) the consumers are numerous (ii) They have the same interest (iii) the necessary permission of the Consumer Forum is obtained and (iv) notice in terms of Sub-rule (2) of Rule 8 of Order I is given.  It however, is not necessary that the cause of action available to all the consumers should also be the same.  What is required is sameness of the interest and not the same cause of action."
 
The national consumer forum was hearing a case filed by Bahadurgarh, Jhajjar-based Ambrish Kumar Shukla and 21 others against Ferrous Infrastructure Pvt Ltd. The NCDRC Bench also referred two orders passed by the Forum relating to the interpretation of Section 12(1)(c) of the Consumer Protection Act.
 
Section 12(1) of the Consumer Protection Act reads as under:
 
(1) A complaint in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with a District Forum by-
(a) the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided;
(b) any recognized consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided is a member of such association or not;
(c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, or for the benefit of, all consumers so interested; or
(d) the Central or the State Government, as the case may be, either in its individual capacity or as a representative of interests of the consumers in general.
 
Section 13(6) of the Consumer Protection Act reads as under:
 
(6) Where the complainant is a consumer referred to in sub-clause (iv) of clause (b) of sub-section (1) of section 2, the provisions of rule 8 of Order I of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply subject to the modification that every reference therein to a suit or decree shall be construed as a reference to a complaint or the order of the District Forum thereon.
 
Section 2(1)(b) of the Consumer Protection Act reads as under:
(b) “complainant” means—
(i) a consumer; or
(ii) any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force; or
(iii) the Central Government or any State Government; or
(iv) one or more consumers, where there are numerous consumers having the same interest;
(v) in case of death of a consumer, his legal heir or representative;] who or which makes a complaint;
 
Order I of Rule 8 of the Code of Civil Procedure which finds reference in Section 13(6) of the Consumer Protection Act, reads as under:
8. One person may sue or defend on behalf of all in same interest.- 
(1) Where there are numerous persons having the same interest in one suit,—
(a) one or more of such persons may, with the permission of the court, sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested;
(b) the court may direct that one or more of such persons may sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested.
 
(2) The court shall, in every case where a permission or direction is given under sub-rule (1), at the plaintiff’s expense, give notice of the institution of the suit to all persons so interested, either by personal service, or, where, by reason of the number of persons or any other cause, such service is not reasonably practicable, by public advertisement, as the court in each case may direct.
 
(3) Any person on whose behalf, or for whose benefit, a suit is instituted, or defended, under sub-rule (1), may apply to the court to be made a party to such suit.
 
(4) No part of the claim in any such suit shall be abandoned under sub-rule (1), and no such suit shall be withdrawn under sub-rule (3) of rule 1 of Order XXIII, and no agreement, compromise or satisfaction shall be recorded in any such suit under rule 3 of that Order, unless the court has given, at the plaintiff’s expenses notice to all persons so interested in the manner specified in sub-rule (2).
 
(5) Where any person suing or defending in any such suit does not proceed with due diligence in the suit or defence, the court may substitute in his place any other person having the same interest in the suit.
 
(6) A decree passed in a suit under this rule shall be binding on all persons on whose behalf, or for whose benefit, the suit is instituted, or defended, as the case may be.  
 
 
While maintaining that the decision in one complaint filed in a representative capacity will bind all the consumers on whose behalf or for whose benefit the complaint is filed, as provided in Order I Rule 8 (6) of the Code of Civil Procedure, the NCDRC Bench clarified that second complaint with same grievance and relief will be dismissed. 
 
It says, "...once a complaint, in a representative capacity is filed under Section 12(1)(c) of the Consumer Protection Act, and the requisite permission for filing such a complaint is given by the Consumer Forum, a second complaint, in a representative capacity under Section  12(1)(c) of the Consumer Protection Act would not be maintainable by or on behalf of consumers having the same interest and seeking the same relief and if filed, is liable to be dismissed with liberty to seek impleadment  in the complaint already instituted in a representative capacity with the requisite permission of the Consumer Forum."
 
"Since a complaint in a representative capacity can be filed only on behalf of all the consumers having the same interest i.e. a common grievance and seeking the same relief against the same person, an individual complaint expressing such a grievance will not be maintainable and the only recourse available to a consumer having the same grievance is to seek impleadment in the complaint filed in the representative capacity," the Bench added.
 
At the same time, individual complaints filed before the grant of requisite permission under Section 12(1)(c) of the Consumer Protection Act cannot be compelled to withdraw and the consumer can go ahead with his/her complaint. "Since it cannot be said that the complaint in the representative capacity was filed on their behalf or for their benefit as well, the order passed in such a complaint will not be binding on them.  If however, such persons want to withdraw their pending complaints and join the complaint instituted in the representative capacity, there is no bar on their adopting such a course of action. The decision, of course, would rest with them whether to continue with the individual complaint already instituted by them or to withdraw the said complaint and become party to the complaint filed in a representative capacity," the NCDRC Bench said.
 
While emphasising upon the binding effect of a decision rendered in a complaint under Section 12(1)(c) of the Consumer Protection Act, on all the consumers, on whose behalf or for whose benefit such a complaint is filed, even if they chose not to join as a party to the complaint, the Bench said it is necessary to exercise due care and caution while considering such a complaint even at the initial stage and to grant the requisite permission, only where the complaint fulfils all the requisite conditions in terms of Section 12(1)(c) of the Consumer Protection Act read with Order I Rule 8 of the Code of Civil Procedure; as interpreted in this reference.  
 
"It would also be necessary for the Bench to either give individual notices or an adequate public notice of the institution of the complaint to all the persons on whose behalf or for whose benefit the complaint is instituted.  Such a notice should disclose inter-alia (i) the subject matter of the complaint including the particulars of the project if the complaint relates to a housing project / scheme, (ii) the class of persons on whose behalf or for whose benefit the complaint is filed, (iii) the common grievance sought to get redressed through the class action, (iv) the alleged deficiency in the services and (v) the reliefs claimed in the complaint. It will also be necessary to hear the opposite party, before taking a final view on the grant or otherwise of the permission required in terms of Section 12(1)(c) of the Consumer Protection Act," the National Consumer Forum concluded.

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ASCI bans 134 ads, including Himalaya, HUL, GSK, M&M, Airtel, Policybazaar, BGR-34 capsules and Tata Docomo in July
Healthcare and educational advertisements remained at the top in the number of complaints received by Advertising Standards Council of India (ASCI) during July 2016 followed by food and beverages and personal care categories.
 
The Consumer Complaints Council (CCC) of the (ASCI) has banned as many as 134 advertisements out of 183 complaints it received across segments during July 2016.
 
The banned ads are from prominent companies like Cargill India Pvt Ltd (Gemini Cooking Oil), Himalaya Company (Himalaya Facewash), Gillette India Ltd (Gillette Vector), Hindustan Unilever Ltd (Axe Deodorants),  GlaxoSmithKline Consumer Healthcare Ltd (Sensodyne Toothpaste), Mahindra & Mahindra Ltd (Mahindra Supro Maxi Truck and Mahindra Maxximo Plus), Living Media India Ltd (India Today Spice Watch Special), Bharti Airtel Ltd (Airtel), Policy bazaar Insurance Web Aggregator Pvt Ltd (Policybazaar.com - Bike Insurance), Tata Teleservices Ltd (Tata Docomo), among others, they range from FMCGs to autos, personal accessories to alcohol, and education to media.
 
“...Out of 134 advertisements against which complaints were upheld, 44 belonged to the Healthcare category, 44 to the Education category, followed by 24 in the Food & Beverages category, 8 in Personal Care Category and 14 advertisements from other categories,” ASCI said in a release.
 
Here are the ads that were banned by ASCI during July 2016…
 
HEALTH CARE
 
The CCC found the following claims of 44 advertisements in health care products or services to be either misleading or false or not adequately / scientifically substantiated and hence violating ASCI's Code. Some of the health care products or services advertisements also contravened provisions of the Drug & Magic Remedies Act and Chapter 1.1 and III.4 of the ASCI Code. Complaints against the following advertisements were UPHELD.
 
1. American Instrument: The Advertisement's claims (in Hindi), as translated into English, "Are you disappointed with a small penis.  American penis enlarger free.  Get rid of small, thin crooked penis and make it thick, hard and firm.  Improve your sperm count, infertility, premature ejaculation, firmness, nightfall, childlessness can be cured and increase your sex time by 30-45 minutes with energetic oil, excitement capsule, 16GB memory card free.  Money back guarantee", were not substantiated and are misleading by gross exaggeration.  Also, the claims related to the product benefit read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure and the claims related to treatment of infertility, childlessness'. This is in breach of the law as it violated The Drugs & Magic Remedies Act.  
 
2. Japani Instrument: The advertisement's claims (in Hindi), as translated into English, "Are you disappointed with a small penis?  Get Japanese penis enlargement instrument free.  As soon as you use Japanese penis enlargement instrument you can make your penis longer, thicker, weak topo firm and stronger. Increase your sex time from 30 to 45 minutes. Nightfall, premature ejaculation, infertility, impotency, low sperm count and childlessness can be cured.  45 days course for an artificial vagina and artificial penis. 100% guarantee.  No side effects", were not substantiated and are misleading by gross exaggeration.  Also, the claims related to the product benefit read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure and the claims related to treatment of childlessness. This is in breach of the law as it violated The Drugs & Magic Remedies Act.
 
3. Nurture Healthcare (Ayurex-S Vitality Capsules): The advertisement's claim (in Hindi) as translated into English, "It's the right of every Man, to lead a happy married life",  "For Men only",  "Vitality Capsule",  "If you are worried about low, excessive weakness, then consume AYUREX-S capsule and with its help, do the work successfully with the capacity and power",  "My Wife says I am more energetic than Before",  "In some days my married life has become exciting and happy, thanks to Ayurex-S",  were not substantiated with product efficacy data,  and are misleading by exaggeration. Also, these claims when read in conjunction with the advertisement visual implies that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violated The Drugs & Magic Remedies Act.
 
4. Nurture Health Care (Ayurex NDX): The advertisement claims (in Hindi) as translated into English, "Consume Immediately, Ayurvedic Capsule for Effective Stamina" and "Guaranteed Difference for U!" were not substantiated with product efficacy data, and are misleading. Also, the claims, read in conjunction with the advertisement visual, implies that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violated The Drugs & Magic Remedies Act.
 
5. Nurture Health Care (Bgainer Capsule): The advertisement's claims, "With Bgainer Capsule-Gaining Weight Made Easy", "Bgainer capsule a unique and effective Ayurvedic product that helps gaining weight by balancing metabolism which in turn helps absorbing calories" and "If you are underweight, try Gainer capsule with balanced diet and regimen and attain a well-proportioned body in few months",   were not substantiated with evidence of product efficacy, clinical data and are misleading by exaggeration. 
 
6. D.S. Research Centre: The advertisement's claim, "Cancer is beatable now, thanks to Ancient Ayurveda based treatment", was not substantiated with clinical evidence, and is misleading.  Also, specific to this claim implying treatment/cure for Cancer, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act. 
 
7. SBS Biotech Unit II (More Power Capsules): The advertisement's claims (in Hindi) as translated into English, "More Power Capsules - No.1 Herbal Medicine from 7 years for Stayed development", "Village-Village, City-City, Country-Country everyone got results", consumer testimonials, were found misleading. Also, specific to the claims implying treatment for height increase, the claim, "Village-Village, City-City, Country-Country everyone got results" read in conjunction with the various photographs shown, and the pack visual, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
 
8. Heart Care: The advertisement's claims, "99% Success Results, thousands of patients benefited, beneficial even if angioplasty & bypass surgery fails" and "American Heart Association and FDA Approved Treatment", were not substantiated with supporting proof. Further, the claims, "New and Improved Successful Treatment of Heart Blockage and Weak Pumping Power", "Successful Latest Treatment of Heart Blockage without Operation" and "More Advance than Bypass & Angioplasty", were not substantiated with clinical evidence.  Also, these claims were considered to be misleading by exaggeration.  Specific to the claims related to successful treatment of heart diseases, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
 
9. Krishna Hospital: The advertisement claims (in Hindi) as translated into English state, "Special kidney stone treatment without operation", "15000 Successful operations till now" and "No Operation" was misleading by ambiguity as the advertiser did not provide any supporting data to prove that 15000 patients were successfully treated. Specific to the claims related to successful treatment of kidney stones, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
 
10. CELL Gen Anti- Ageing Centre: The advertisement's claims, "We have successfully treated cases of diabetes Mellitus Type I and II, kidney diseases with creatinine up to 4 to 6, all types of psoriasis, osteoarthritis and rheumatoid arthritis, liver diseases, various cosmetology therapies & general anti-ageing treatments for Rejuvenation (kayakalpa)", were not substantiated with clinical evidence, and are misleading.  Also, specific to the claims related to successful treatment of diabetes, kidney diseases, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
 
11. Rahat Herbal Care: The advertisement claims (in Hindi) as translated into English, "Successful & complete treatment of Venereal Diseases, Premature Ejaculation, Weakness in Nerves, Nightfall, Discharge, Weakness in penis due to childhood mistakes, Minuteness in size, Thinness, Lack of sperm in the semen" and "Freedom from Sexual Diseases", were not substantiated and are misleading. Also, the claims read in conjunction with the advertisement visual are in breach of the law as it violated The Drugs & Magic Remedies Act. 
 
12. Amil Pharmaceuticals (India) LTD (BGR-34 Capsules): The advertisement's claim, "BGR-34, an Ayurvedic Drug that cure Type 2 Diabetes Mellitus without any side effects", was not substantiated with product efficacy data, and is misleading.  Also, specific to the claims related to cure of Type 2 Diabetes, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act. 
 
13. New Life Cancer Care: The advertisement's claims (in Gujarati), as translated into English, "Successful treatment for cancer without operation,  Mouth, tongue, jaws, throat, lungs, liver, chest, uterus, brain tumour and any type of cancer or tumour, Successful treatment with medicines only",   were not substantiated with clinical evidence, and are misleading.  Also, specific to the claims related to successful treatment for cancer, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act. 
 
14. Astir Organic  (Zabila): The claims in the advertisement states, "Add colour to life with ZABILA",  "The Only Solution for Tiredness, Stress, Weakness, Reluctance, Loss of Energy, Lack of Power", "Weakness Due to Lifestyle", "Weakness in Female",  "100% Natural" and "100% natural & safe", with product efficacy data, and are misleading.  Also, the claims, referring to weakness in females and reluctance, implies that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violated The Drugs & Magic Remedies Act.
 
15. Saaol Heart Centre: The advertisement's claims (in Hindi) as translated into English, "Successful treatment of more than one lakh heart patients without operation", was not substantiated with supporting proof and clinical data for the treatment claimed. Also, the claim is misleading by exaggeration. Specific to the claims related to successful treatment for heart, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
 
16. Synthiko Exports Pvt. Ltd. (Only Me Spray): The claim in the advertisement (in Hindi) as translated into English states, "Enjoy Life to the Fullest", was not substantiated with product efficacy data, and is misleading.  Also, the claim, "Enjoy Life to the Fullest", when read in conjunction with the pack visual, implies that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violated The Drugs & Magic Remedies Act.
 
17. Benda Acupuncenter Slimming Centre : The advertisement's claims (in Hindi) as translated into English, "Reduce obesity, increase height", "Successful treatment of paralysis", "Health benefits by instant treatment through chini method", "Cerebral Palsy, Down Syndrome, Mongols", "Children suffering from these diseases do not have control over their hands, feet or neck", "Cure for slow physical & mental growth and development, slow learner, stammering, short temper and bedwetting", were not substantiated with clinical evidence, and are misleading. Specific to the claims implying treatment for obesity, increase in height, and claims related to successful treatment for paralysis, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
 
18. Dr Chaitanya S Patel's Skin Care Clinic: The advertisement's claim, "World's first", was not substantiated with supporting proof. Also, the claims, "Natural & Successful Treatment - Leucoderma, Psoriasis", "100% Natural", "Satisfaction 100% Guaranteed", were not substantiated with clinical evidence. Also, the claims are misleading by exaggeration. The visuals showing the images of before and after the treatment were misleading. Specific to the claim related to successful treatment of Leucoderma, Psoriasis, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act.
 
19. Shree Baidyanath Ayur Bhawan (Baidyanath Virya Shodhan Bati): The advertisement's claim (in Hindi), "stambhan Shakti badhati hai" i.e. "to hold on" which in the context of sex implies enhancement of sexual pleasure which is in breach of the law as it violated The Drugs & Magic Remedies Act.
 
20. Rajnish Hot Deals Pvt. Ltd (Play Win Capsules and Oil):  The claims in the advertisement (in Hind) as translated in English, "If because of your age you find decrease in stamina, then don't worry.  Playwin capsules help you regain lost stamina and enjoy your sexual life even more than you did in your youth", were not substantiated with product efficacy data, and the claims are misleading. Also, the claims related to the product benefit read in conjunction with the advertisement visual imply that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violated The Drugs & Magic Remedies Act.
 
21. Rajnish Hot Deals Pvt. Ltd. (Play Win Capsule): The claims in the advertisement, "Play Love Games with PlayWin", were not substantiated with product efficacy data, and the claim is misleading. Also, the claim read in conjunction with the advertisement visual and pack visual of a couple implies that the product is meant for enhancement of sexual pleasure, which is in breach of the law as it violated The Drugs & Magic Remedies Act.
 
22. Rajnish Hot Deals Pvt. Ltd.  (Pia Lo Herbs Capsule): The advertisement's claims (in Hindi), as translated into English, "As Pia Lo Herbs Capsule Is Prepared from Effective Herbs; It Is More Effective than Any Other Capsule", "Fast Relief" and "Escape from Operation", were not substantiated with proof of efficacy of the product, and are misleading by exaggeration.  Specific to the claims implying treatment for Piles, the advertisement is in breach of the law as it violated Schedule J of The Drugs and Cosmetic Act, 1940 and Rules, 1945.
 
23. Dr Asma Herbals  (Pygo-9 Capsules & Tubes): The advertisement's claims (in Hindi), as translated into English, "Get Relief from Piles" and "Avoid Operation" were not substantiated with supporting data and are misleading.  Also, specific to the claim implying treatment/cure for Piles, the advertisement is in breach of the law as it violated Schedule J of The Drugs and Cosmetic Act, 1940 and Rules, 1945.
 
24. Shree Hari Clinic: The advertisement's claims (in Hindi) as translated into English, "Without operation" and "Successful treatment of stone, piles and tumour", were not substantiated with clinical evidence, and are misleading.  Specific to the claims related to successful treatment for stone, tumour, the advertisement is in breach of the law as it violated The Drugs & Magic Remedies Act. Also, specific to the claims related to successful treatment for Piles, the advertisement is in breach of the law as it violated Schedule J of The Drugs and Cosmetics Act, 1940 and Rules, 1945. 
 
25. Luna Pharma (Jambola Liquid): The claims in the advertisement (in Marathi), as translated into English, "Take two spoons morning and evening and keep your body healthy and disease free always" and "23 herbs will safeguard you from many illnesses" referring various benefits, in particular - benefits related to immunity, physical debility, sleep disorder, skin diseases, eye problem, diabetes, chronic fever, liver problems, jaundice were not substantiated with proof of efficacy of the product, and are misleading by exaggeration.   
 
26. Medinn Belle Herbal Care (Endura Mass): The advertisement's claims, "Endura Mass is India's leading weight gainer. It has helped millions of underweight people to gain the right weight" and "Gain Weight, Stay Fit.", were not substantiated and are misleading by exaggeration. 
 
27. Medinn Belle Herbal Care (Endura Mass): The claims in the advertisement, "With Millions of Happy Customers India's most trusted and favourite weight gainer for years",  "Endura Mass is India's leading weight gainer",  "It has helped millions of underweight people to gain the right weight",  were not substantiated and are misleading. 
 
28. Adila Biotech Pvt. Ltd. (Aloe Vera Juice): The advertisement's claims, "Immune Booster" and "Reduces Heart Attacks", were not substantiated with clinical evidence for the product, and the claims were misleading.
 
29. Butterfly Ayurveda Pvt. Ltd. (Butterfly Tea): The advertisement's claims for SUPRABHAT CHAI (Good Morning Tea), "Cognition Enhancer Tea: Improves Concentration and Immunity", for RATRI CHAI (Night Time Tea) Relaxing Tea-Caffeine Free, "Strengthens memory & learning abilities, Alleviates muscle spasms" were not substantiated with any clinical data and are misleading.
 
30. SKS Ayurveda Impex Pvt. Ltd: The advertisement's claims (in Hindi), as translated into English, "Over the years doing research on Ayurveda is a certified company that has found the Medicine which reduce flabbiness and accumulated fat in children, women and men and give right shape. It has no side effects", "No weakness after using this medicine. After 90 days use of this Medicine you will see yourself that you have reduced your five to 35 kilograms weight otherwise get your money back", were not substantiated with authentic supporting data and are misleading.
 
31. Alfa Wellness Herbals Pvt. Ltd: The advertisement's claims (in Hindi), as translated into English, "Alfa Wellness - Reduce Weight Without Surgery", "3-10 kg only in 30 days", "Effective in Hypothyroid, Diabetes, PCOD, Hyper Tension and for Children, too", were not substantiated with supporting clinical evidence and are misleading. Also, the visual showing the image of before and after the treatment was considered to be misleading.
 
32. Apple Therapeutics (apifil-m): The claims on the pack insert state that the product is not to be used for children below two years; however, the promotional material carries images of babies and is misleading by implication. The promotional material also is likely to encourage negligence regarding use of the product.
 
33. The Body Care Slimming & Beauty Clinic for Men & Women: The advertisement claims, "Stay slim forever without dieting", "reduce six to eight centimetres from tummy, hips and thighs. Long Standing", were not substantiated with supporting evidence, and are misleading. Also, the claim of efficacy being depicted via images of before and after the treatment is misleading.
 
34. Ayushman Healthcare (Dot Six Tablet): The advertisement's claims (in Hindi) as translated into English, "No Side Effects" and "1 tablet gives relief from unwanted pregnancy for 6 months", were not substantiated with product efficacy data and were grossly misleading.    
 
35. Chungath Clinic: The advertisement's claim, "US FDA Approved Cryolipo & I-Lipo", was not substantiated.  The claim support data was considered to be inadequate as the advertiser has provided explanation about their techniques, but have not substantiated the claims.  In addition the claims, "Obesity Solutions for All" and "For Effective Fat Reduction", were not substantiated with clinical evidence.  Also, these claims along with the visual in the advertisement were considered to be misleading.
 
36. Naturoveda Health World: The advertisement claims, "Our Mission, Healthy Indian 3, 00,000 till now!!", "Naturoveda till date, in Kolkata alone has treated more than three lakh patients through natural methodologies" and "The best in the field of natural treatment", were not substantiated with supporting proof. Also the claim, "Best Ayurvedic and Unani Clinic 2009 / 2014" was not considered as an award to be acceptable as there was no rationale for this award to be presented to the organization and it was not clear as to how the advertiser was chosen to be the best. Also, the award was not current and not relevant as claim support for claiming to be "the best". Further the claim, "Knee Pain can be Effectively Eradicated", was not substantiated with proof of efficacy. Also, these claims were considered to be grossly misleading. 
 
37. Amplifon India Pvt Ltd. (Hearing Aid & Hearing Care): The advertisement claims, "World's largest" " was not substantiated with data comparing the market share of the advertiser versus other similar companies and is misleading by exaggeration. Also the claim, "Over 200 Clinics with experienced Audiologists" was inadequately substantiated and is misleading. Further the claim, "free Aftercare for Lifetime" is misleading by omission of the condition i.e. mention of the chargeable part is missing.
 
38. Deltas Pharma (Deltas Pancha Tulasi Drops): The advertisement's claims (in Hindi) as translated into English, "Elimination of bacteria from drinking water" and "Increase immune capacity" were not substantiated with proof of product efficacy as per the dilution indicated in the advertisement (15 drops in 10 litres of water) and are misleading.
 
39. Digamber Medimart Pvt. Ltd. (D Brain Capsule): The claims in the advertisement, "Live a tension free life - D Brain Ayurvedic Medicine is beneficial in heaviness in the head, lack of sleep because of stress, irritation, getting angry frequently, lack of tolerance power. D Brain corrects any type of mental stress, fatigue due to mental efforts, mental trauma and keeps the mind peaceful", were not substantiated with product efficacy data, and are misleading. Also the claim, "Digamber Medimart Pvt Ltd has found in a research that 99% People in the Country are Leading a Stressful Life", was not substantiated with authentic reference and is misleading by exaggeration.
 
40. Amlaya Herbals (Amlaya Anti-Ageing Powder): The advertisement's claims (in Hindi) as translated into English, "At the age of 55 have childlike skin",  "It neutralizes the effect of age on your skin",  "One best ayurvedic tonic and rejuvenator, which helps to reduce wrinkles and removes extenuation",  "It is full of anti-oxidant, iron, vitamin c, and other vitamins, which keeps your skin fresh for years and years" and "It reduces vitamin and blood deficiency and increase immunity power and is useful in blood pressure, diabetes and heart diseases", were not substantiated with product efficacy data and are misleading by exaggeration. 
 
41. Phool Life Healthcare Pvt. Ltd. (Denguria Tablets): The advertisement's claims, "Excellent Medicine for Dengue" and "Indications: Dengue, Typhoid, Viral Fever", were not substantiated and are misleading. 
 
42. Devgon Pharmaceuticals (Sehat Plus Capsule and Tonic): The claims in the advertisement, "Removes Weakness and Tiredness", "Gives 5 Benefits - Provides Nutrition - Better Immunity - More Stamina - Restores Energy - Proper Growth", "Keeps You Physically Fit & Mentally alert", were not substantiated with evidence of product efficacy, and are misleading.  The claim, "An Ayurvedic Health Tonic Trusted & Recommended by Doctors", was not substantiated with data specific to doctor recommendations, and is misleading.
 
43. Alopecia Treatment Center: The claims in the advertisement, "100% Natural & safe treatment", "No oral pills, no side effects" and "20 Years of clinical research", were not substantiated and are misleading. 
 
44. TVC Life Sciences Limited (Quit T): The claims in the advertisement (in Hindi) as translated in English, "Quit Alcohol On your own", "Millions of people left intoxication with Quit T and leaving a happy and healthy life", were not backed with supporting data. Also, the claims, "After using Quit T 4-5 weeks person will leave alcohol and tobacco forever. With the use of second pack of Quit T persons liver and heart cells which is affected by alcohol and tobacco, start getting resurrected", were not substantiated with efficacy data of the product.  Also, the claims are misleading by exaggeration.
 
FOOD & BEVERAGES:
 
1. Bonn Nutrients Pvt. Ltd. (Bonn Nu Health Bread):  The advertisement's claim (in Hindi) as translated into English, "With calories low as 40 cal/slice" was not substantiated and was misleading by implication.
 
2. Sonia Honey:  The claims in the advertisement "Sonia Honey scored the highest on the main parameters of honey purity in a recent analysis of all Indian branded and unbranded honey" and "Sonia Honey The perfect natural Sweetner is: Anti-Aging, Anti- Cancer", were not substantiated and are misleading.
 
3. VM Health Products (BP- Salt): The claims in the advertisement, "BP-SALT",  "To Prevent & Control- High BP, Diabetes, Obesity, Overweight, Excess Body Fluids.",  "To Prevent- Heart Attack, Stroke, Kidney Failure, Kidney Stone, Cancer- Stomach, Osteoporosis.",  "To Reduce the Medicine to the minimum/Nil." and "Endowed with Enormous Health Benefits, Tasty" were not substantiated with product efficacy data, and are misleading.
 
4. KP Group (Kamla Pasand Pan Masala): The advertisement features Rajneesh Duggal - a celebrity from the field of entertainment for a product which has a health warning "Pan Masala is injurious to health" and which cannot be purchased or used by minors. Minors are very likely to be exposed to the advertisement. The celebrity in the advertisement would have a significant influence on minors who are likely to emulate the celebrity in using the product. The advertisement contravened Chapter III.2 (e) of the ASCI Code, which specifically states that Advertisements "Should not feature personalities from the field of sports and entertainment for products which, by law, require a health warning such as "Panmasala is injurious to health" in their advertising or packaging."
 
5. G. K. Tobacco Co. Pvt. Ltd. (Zafri Pan Masala): The visual of a "women pillion rider without a helmet" as depicted in the advertisement of Zafri Pan Masala shows violation of traffic rules and also is an unsafe practice. 
 
6. Klf Nirmal Industries (P) Ltd. (KLF Coconad Natural Coconut Sugar): The claim in the advertisement, "Lower Glycemic Index* than ordinary sugar makes it a healthier alternative to ordinary sugar" and "with no side effects" was inadequately substantiated, and is misleading. 
 
7. Pitrashish Marketing Entertainment Ltd. (Jamun Vineger):  The claims in the advertisement (in Urdu), as translated into English, "Beneficial in the Sugar problems", "Controls Obesity", "Purifies the blood", "Removes Constipation", "Increases appetite", "Brings glow to the face", "Reduces the swelling", "Helpful in Urine infection", were not substantiated with clinical evidence or proof of efficacy for the product, and are misleading. 
 
8. Mahesh Oil Industries (Saloni Edible Oil): The claims in the advertisement (in Bengali), as translated into English, "Reduces Heart Problems by 70%" and "It has omega 3 which reduces the risk of cancer", were not substantiated with clinical evidence or proof of efficacy for the product, and are grossly misleading. 
 
9. Sri Hari Agro Industries (Engine Sunflower Oil): The advertisement's claim, "Most Trusted Brand" was not substantiated and is considered to be misleading.  
 
10. Royal Bee Natural Products Pvt. Ltd. (Royal Bee Slim Honey): The advertisement's claims, "Reduce weight up to 3KG per Month", "Improve Body Efficiency", "Weight Loss", "Natural Glow and Clear Skin", "Instant Energy", "Increase immunity", "Better Digestion", "Made with mixture of herbs", "Reduces weight and keeps healthy" and "No side effects" were not substantiated with proof of efficacy of the product, and are misleading. Also, the visual on the pack is misleading by implication that use of the product induces weight loss.  
 
11. Coconut Development Board (Coconut Milk Product): The advertisement's claim, "Introducing the Miracle Drink that boosts immunity" has not been substantiated with evidence of how consumption of CBD's Coconut Milk shake enhances immunity of consumers in general and of those easily susceptible to common diseases.  Also the phrase, "The Miracle Drink", was considered to be misleading by exaggeration. Further the claims in the advertisement, "Ideal Drink with antimicrobial properties", "Rich source of antioxidants", "Anti-Viral, Anti-bacterial and Anti-fungal" and "Store house of vitamins B, C and E." were not substantiated and are misleading. 
 
12. GHCL Ltd (i-FLO Salt): The advertisement's claims, "Premium Iodised Salt with Herbal Extract", "I-FLO SALT CONTAINS Turmeric: An anti-inflammatory, antibacterial and antioxidant, Cardamom: Good for digestion, Kutaja: Antimicrobial, Malabar Nut: Good for Respiratory disorder, Ginger: Contains Vitamin B6, Long Pepper: Better Cardiovascular Health, and various other herbs" and "Healthy Replacement for Iodized Salt", were not substantiated with any technical data and evidence of product efficacy.  Also, these claims as well as claims, "Consume Less Salt. Use Herbal Salt" and "Add a pinch of good health, every time" are misleading by ambiguity and implication.
 
13. M.K Agrotech Private Limited (Sunpure Sunflower Oil): The advertisement's claim, "Protect Your Heart with Natural Oryzanol in Sunpure", was not substantiated and is misleading by implication as the reference of oryzanol benefits pertain to Rice Bran oil and have not been established for the advertised product i.e. Sunflower oil..
 
14. Sheelpe Enterprises (Aava Natural Mineral Water): The advertisement's claim, ""Every bottle of Aava saves 2 bottle of water" was not substantiated and is misleading by ambiguity and implication that other water sourcing options would waste 70% or more water. Further, the claim, "Protects against mineral and vitamin deficiencies" was not substantiated. This claim was also misleading by ambiguity regarding the specific minerals and vitamins being referred to in the advertisement. Also the claim in the advertisement, "India's most certified Natural Mineral Water" was not substantiated adequately and is misleading by exaggeration. 
 
15. Cargill India Pvt. Ltd. (Gemini Cooking Oil): The advertisement's claim (in Marathi) as translated into English states, "….Keeps you and your family healthy for a year", was not substantiated with proof of efficacy of the product, and is misleading by exaggeration. 
 
16. Shyam Oil Mills (Sona Sikka Refined Oil): The claims in the advertisement, "Health Benefits: Controls levels of cholesterol - Cancer prevention - Blood pressure - Boosts Immune System" given along with the product visuals are misleading by ambiguity and implication. 
 
17. Miracle Alkaline Water: The advertisement's claims (in Kannada), as translated in English, "To control obesity, cancer, diabetes, acidity and arthritis by drinking Miracle Alkaline Water", and "Anti- Aging, Anti-Oxidant, Anti-Hangover", were not substantiated with supporting clinical data specific to the product, and are misleading by gross exaggeration.
 
18. Sunnah Enterprises (Jamun Vinegar): The claims in the advertisement, "Homemade treatment for Sugar patients", "Beneficial in sugar related problems", "Prepared from Methi, Ashwagandha, Nagori and jamun honey that gives you energy naturally. Helpful in the Joints pain", "Other Medicines harms you. As the sugar patients are weak, these other medicines make them weaker. So use this product and stay fit and healthy", were not substantiated with clinical evidence or proof of efficacy for the product, and are misleading.
 
19. TGB Bakers n Confectioners Pvt. Ltd. (TGB Cakes n Bakery): The claim, "Cancer Free" is misleading by ambiguity as while the product could be Potassium Bromate free it cannot claim to be Cancer free.  
 
20. Buzz Live Foods (Pelicana DD Drinker's Drive): The advertisement claims (in Hindi), as translated into English, "Pelican DD - Reduces the acidic elements in the blood - Stops the cells and weak organs from getting affected - Removes the hang over, body pain and fatigue - Reduces the amount of Alcohol in the blood (BAC level)", "A sure shot medicine to correct the harm caused due to alcohol - Pelicana DD", were not substantiated with supporting clinical data specific to the product, and are misleading by gross exaggeration.  The claim is also likely to encourage negligence among consumer regarding alcohol intake. The claims, "International Recognized", and "Approved by Indian and Worldwide Research Centres", were not substantiated with supporting proof, and are misleading. 
 
21. Mushroom World Ayurved & Food Pvt. Ltd. (Mushroomex Mushroom Powder): The advertisement's claims (in Hindi), as translated into English, "India's best Mushroom Health Powder" and "India's No. 1 Leading Ayurvedic Product for Weight Gain", were not substantiated with comparative data versus other similar products in the same category. Further the claim, "More than 8 lakh people benefitted", was not substantiated with authentic evidence. Also, the claim, "Beneficial in keeping away debility Permanently", was not substantiated with proof of efficacy of the product.  Also, these claims were considered to be misleading by gross exaggeration. 
 
22. Medinn Belle Herbal Care (Endura Mass): The advertisement claim, "India's most trusted and favourite weight gainer for years", was not substantiated with comparative data versus other similar products in the same category, and is misleading by gross exaggeration.  
 
23. M.K Agrotech Private Limited (Sunpure Sunflower Oil): The advertisement's claim, "For Stronger Heart & Healthy Body", was not substantiated and was misleading. 
 
24. Green Life Pharma (Stevita):  The advertisement claims (in Hindi), as translated into English, "Completely without any side effect",  "Controls High Blood pressure",  "Controls Obesity" and "Protects from Heart Disease, kidney diseases, dental and skin diseases",  were not  substantiated with clinical evidence for the product efficacy, and are misleading by gross exaggeration. 
 
 
PERSONAL CARE:
 
1. Himalaya Company (Himalaya Facewash): The advertisement's claim in Hindi, "Isme hai neem aur haldi ki kudrati achchai Jo aapko har tarah ki skin problems se suraksha de" ("This has the goodness of neem and haldi that gives you protection from every skin problems") was not substantiated with product efficacy data, and the claim is misleading by exaggeration. 
 
2. Gillette India Ltd. (Gillette Vector): The advertisement's claim offers, "Save Rs. 30/- in comparison to Vector 2s pack", is misleading by omission of a disclaimer to mention the exact price comparison with the post price increase of the product. 
 
3. Hindustan Unilever Ltd. (Axe Deodorants): The advertisement's claim, "When it gets hot, the fragrance is boosted", was not adequately substantiated with consumer perception data, and is misleading by implication.
 
4. Glaxosmithkline Consumer Healthcare Ltd. (Sensodyne Toothpaste): It was noted that the source and date of research and criteria for assessment for the claim, "Worlds No. 1 sensitivity toothpaste", was not indicated in the TVC. In addition, the supers in the Hindi TVC were not in the same language as the audio of the TVC, they were not legible, and the hold duration of the supers was short. The TVC also contravened the ASCI Guidelines for Supers.
 
5. X-Men Instant Fairness Cream: It was noted that the fairness improvement benefit claim in the TVC (in Hindi) of X-Men Instant Fairness Cream was depicted by transformation of skin tone and seen in conjunction with the other claims, "Instant fairness" and "Isme hai active whitening peptide ki Shakti jo dull skin aur dark spots se laday", was not substantiated and is misleading by exaggeration. Also, the visual showing the transformation of the model's face from dark to fair is misleading and contravened Clause 2 of the ASCI Guidelines of Advertising for Skin Lightening or Fairness Improvement Products ("The pre- and post-product usage visuals of model/s using special effects should not be dramatized or exaggerated so that efficacy depicted is not drastically different than what can be delivered by the product.")
 
6. Natures Essence Pvt. Ltd. (Nature's Sun Ban Sunscreen Lotion & Cream): The claims in the advertisement, "Nature's Essence Sunban Gold Spf-30, 40, 60", and pack claim, "SPF 40 PA++", were not substantiated. 
 
7. Proveda Herbal Pvt. Ltd. (Tbc Sun Screen Cream SPF 30 & Sun Screen Face Wash): The advertising claims, "12 Hr Protection UVA - UVB Broad Spectrum",  "Water Resistant, Sweat Free",  "A Natural Way To Protect Your Skin From Natural Sun Rays",  Pack claim, "SPF 30+", "Sun Screen Face Wash",  were not substantiated with evidence of product efficacy and were misleading. 
 
8. Ruturaj Ayurvedic Gruh Udyog (Ruturaj Range of Products): The advertisement claims (in Hindi) as translated in English, "There are 100s of oil in the market but only Ruturaj gives 99.9% Result", was not substantiated with product efficacy data.  Also, the claim is misleading by exaggeration and implication that other oils in the same category do not give any results.
 
EDUCATION 
 
The CCC found following claims in the advertisements by 44 different advertisers were not substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were UPHELD.
 
1. Guru Nanak Institute of Management: The advertisement's claims, "Highest Salary Package: 8 Lakhs" and "Average Salary Package: 4.5 lakhs", were not substantiated with evidence to prove that the students have availed the claimed salary packages, and the claims are considered to be misleading by exaggeration. 
 
2. Dhruva College of Management: The claims in the advertisement, "Highest Salary Package: 8 Lakhs" and "Average Salary Package: 4.5 lakhs", were not substantiated and was misleading. 
 
3. Biju Patnaik Institute of Information Technology & Management Studies: The claims in the advertisement, "Placement Percentage- 2013: 95%, 2014: 96%, 2015: 97%", were not substantiated with authentic supporting data (such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms and appointment letters received by the students).  Also, the claims are considered to be misleading by omission of the details of batch size for which the claim would hold. 
 
4. Think &Learn Pvt. Ltd.  (BYJUs Classes): By using the claim in the advertisement, "IMS Cat Coaching - Learn tips & tricks from Toppers", it was noted that the advertiser was misusing the name of IMS and is grossly misleading. 
 
5. Think & Learn Pvt Ltd (Byju's Classes): The advertisement's claim, "India's #1 Institute for civil service preparation", was not substantiated with comparative data versus other similar institutes. Further, the claims, "5 Rank in top 50",  "14 Ranks in top 100" and "162 Ranks in the final list",  were not substantiated with supporting proof of the rankings claimed in the advertisement nor any independent audit or verification certificate. The claims are misleading by exaggeration.
 
6. Allen Career Institute: The claim in the advertisement, "Most trusted Coaching institute for IIT-JEE in India", was not substantiated with comparative data versus other similar institutes.  Also, the claim is misleading by exaggeration.
 
7. Chennais Amirta International Institute of Hotel Management: The claims in the advertisement, "placement with 10000 monthly salary" and "foreign job placement", were not substantiated with relevant data (such as detailed list of students who have been placed through their Institute, contact details of students for verification, enrolment forms, the batch size of the students per year, and appointment letters received by the students) nor any independent audit or verification certificate.
 
8. IMS Engineering College: The claim in the advertisement, "Globally Recognised As "Best Brand-2015 (Engineering)", was misleading by ambiguity and omission as the source and date of reference was not indicated in the advertisement.
 
Complaints against advertisements of all educational institutes listed below mostly are UPHELD because of unsubstantiated claims that they 'provide 100% placement/AND/OR they claim to be the No.1 in their respective fields'
 
ICA Infotech  (ICA Industrial Accountant), Institute of Health Management Research (IIHMR), International Institute For Special Education, Mount Zion College of Engineering, Sahyadri College 
Engineering Management, Toc H Institute of Science & Technology, GITAM School of Technology, Haldia Institute of Technology, International School of Management, IMS Business School Institute Of Management Study, Rajdhani College of Engineering & Management, Easy Entrance Coaching Classes, North Eastern Regional Institute of Management, Gourav Inst Of Management Sc, DPC Institute of Management, Jagan Institute of Management Studies, Apeejay Education Society (Apeejay Institute of Mass Communication), Brilliant Computer Education, Aptech Limited (Arena Animation), TCY Learning Solutions Pvt. Ltd. (Better Think), IBT Pvt. Ltd. (IBT Calicut), Marian Academy of Management Studies, Footwear Design and Development Institution, Universal Group of Institutions, Jain International Residential School, Sabita Devi Education Trust (Brainware University), MIET Group of Institution, Chennais Amirta International Institute Of Hotel Management, University of Petroleum & Energy Studies, The Glocal University, Indian Aviation Academy, Impact College,  Shree H. N. Shukla College of Management Studies, Ajay Kumar Garg Engineering College, IIMT Group of College and Narayana group of Schools. 
 
OTHERS 
 
1. Mahindra & Mahindra Ltd (Mahindra Supro Maxi Truck and Mahindra Maxximo Plus): The advertisement of Mahindra Supro Maxi Truck and Mahindra Maxximo Plus showcases the vehicle offered at a discounted price in exchange of their competitor's vehicle 'Tata ACE'. The comparisons made in the advertisement were not factual and were not substantiated and is are misleading. Also, the comparisons made were likely to mislead the consumers about the product advertised and with which it is compared.
 
2. Vikrant Tantrik: The claims in the advertisement (in Hindi), "Specialist :- Intercaste love marriage, vashikaran, sautan dushman se chutkara, manchaha vashikaran karwana aur thudwana, manchahi shaadi karwana aur thudwana, pyar mein dokha, gharwalon ko mannana, kaalejaado se pareshan", "3850 intercaste love marriage case solve",  "1400 rute premi premika, pati patni ko mannana", "2200 vashikaran case solve" and "100% solution in privacy", were not substantiated, and are misleading by gross exaggeration. Also, the advertisement exploits consumers' lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers.
 
3. Baba Alam Pasha Bangali: The advertisement's claims, "Call and Get solution.  100% Guaranteed solution within 3 Hrs", "Problem solved by seven strength of Elam", "Baba Alam Pasha Give 1st priority to his Guarantee.  Problem Like: Business, Forgin Tours, Love Affairs, Husband and Wife Queries, Real Estate Divorce, Inter Caste Love Marriage, Family Dispute,  Court Case, Sickness, Woman Enemy etc" and "Specialist in Vashikaran & Muthkarni", were not substantiated and are misleading by gross exaggeration.  Also, the advertisement   exploits consumers' lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers.  
 
4. Chemmanur International Jewellers: The claims in the advertisement, "Rs. 6000 crore oxygen city from Chemmanur International Jewellers", "Largest township in Kerala, sprawling across 62 acres" and "Job Opportunities for 29000 people", were not substantiated, and are misleading. Also, the advertisement is misleading as the features mentioned in the advertisement are subject to approvals from respective authorities.
 
5. Sarovar Hotels Pvt. Ltd. (Eat Your vegetables day contest):  the advertiser did not provide any details regarding the modality of the contest (details of the contest, process followed, details of winners etc.) to prove that the "Eat your Vegetable contest" is genuine and the URL of the contest provided by the advertiser was not accessible. The contest was misleading by omission of the mention of date of execution and the date of announcements of winners of the contest.  The advertiser has not stated clearly all material conditions so as to enable consumers to obtain a true and fair view of their prospects in such activities.
 
6. Living Media India Ltd. (India Today Spice Watch Special): The advertisement shows a visual of a half-naked woman holding a watch in her hands in an indecent and vulgar manner. The advertisement objectifies women and is likely in the light of generally prevailing standards of decency and propriety, to cause grave and widespread offence. Also, in the context of an advertisement for watches, the deliberate use of such visual is distasteful.
 
7. Fena Limited (Fena Washing Powder): The claim, "India's No. 1 Quality Detergent" was not substantiated for the advertised product and the advertisement is misleading by ambiguity as the product advertised is for Rs.50/- whereas the claim, "India's No. 1 Quality Detergent" is quoted in the report for category (MRP range) of  Rs.43-48/-.  Furthermore, the advertised product states that it is "New" whereas the product tested is as per the Consumer Voice report is of July 2015. 
 
8. Bharti Airtel Ltd. (Airtel): The advertisements claim, "Kyunki sahi ghalat saamne aane se hi banta hai sabse best network" is incorrect and is misleading by implication as the "best network" connotes many parameters associated with the performance for which different service providers have to compared. "Transparency" of communication providing input for improvement does not necessarily make any network the best.  
 
9. Midas Electronics Pvt. Ltd. (Midas LED Lights): The claims in the advertisement, "Energy Saving 90%" and "3 Years Life Span" were not substantiated with technical data and are misleading.
 
10. Policy bazaar Insurance Web Aggregator Private Limited (Policybazaar.com - Bike Insurance): The advertisement portrays as if a consumer can choose when to renew a lapsed policy and is misleading consumers to believe that they need not worry about lapsed policies. The advertisement is also encouraging negligence as well as trivializing violation of law. Contrary to the advertiser's explanation that the TVC is not guaranteeing instant online insurance with immediate effect, the TVC is misleading by implication that a consumer would be saved from police trouble with the online policy option.
 
11. Policy bazaar Insurance Web Aggregator Private Limited (Policybazaar.com - Bike Insurance): The advertisement portrays as if a consumer can choose when to renew a lapsed policy and is misleading consumers to believe that they need not worry about lapsed policy. The advertisement is also encouraging negligence as well as trivializing violation of law. The advertisement is misleading by implication that a consumer would be saved from police trouble with the online policy option.
 
12. Tata Teleservices Ltd (Tata Docomo): The advertisement's claim, "Rs. 68 - Local/STD Mobile calls at 30p/min", is not substantiated and is misleading by ambiguity about the conditions under which this claim is tenable or exclusion criteria for which this offer is not available. 
 
13. Shaikh Akbar Khan Bangali: The advertisement's claims, "Problem solved 100% in 1 hours", "Special in: Business Loss, marriage, relief from co-wife, health problem but medicines not effect, visa, job education, husband & wife problem, home, film career, property case's, children, one stop center for all problems solution at here" and "If anybody can compete my work I will give you 11 lakhs, Nobody can beat me",  were not substantiated, and are misleading by gross exaggeration. Also, the advertisement exploits consumers' lack of knowledge and is likely to lead to grave or widespread disappointment in the minds of consumers. 
 
14. Ajnara India Ltd: The features/facilities claimed in the advertisement, "Provision for rain water harvesting", "club house blue orchid", "Solar lighting for common areas", "business centre along with Wi-Fi", "24*7 soft water supply" and "video Door phone", were not substantiated. It may also be noted that the advertisement complained against is of August 2010 and the advertiser has not provided the features mentioned in the advertisement / brochure till date, which grossly misleads consumers.

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MONEYLIFE SURVEY: Mutual fund investors from US and Canada facing difficulty for purchases
Our online survey on “Foreign Account Tax Compliance Act (FATCA) declaration” shows that nearly 40% of US and Canada investors are unable to make new or existing folio purchase since the FATCA declaration came into existence one year ago. The number of respondents not able to purchase in the last three years has been at 50%. Some asset management companies (AMCs) have actually started accepting investment from US and Canada since end of 2015. It means FATCA declaration has nothing to do with difficulty for US and Canada investors. The reason for AMCs stopping investment from US and Canada investors three years ago is the lack of registration with US Securities & Exchange Commission (SEC).
 
Half of the US and Canada investors have filed FATCA declaration with Karvy, CAMS or AMCs. Surprisingly, only 65% were honest about declaring US and Canada resident or person status along with details of tax identification number in US and Canada. It means many US and Canada investors do not want to disclose their status to avoid AMCs from stopping them from investing. But, it is a dangerous move as making dishonest declaration can come back to bite in future. Beware of it and make an honest declaration, while investing with any financial institution.
 
Nearly, 14% of US and Canada investors say that they have been forced to redeem their existing folio by AMCs since January 2016. It is possible, but the AMCs who responded to Moneylife cover story questions denied such a move. US and Canada investors are certainly having a difficult time investing in Indian AMCs. The good old days before 2013 for US and Canada investors are finished. The future is uncertain.
 
Nearly, half of the respondents were not asked for their FATCA declaration by brokerages, banks, real estate developers and other financial institutions. It means that FATCA declaration which MF industry has been getting from investors is not as much an issue with other financial institutions. Moneylife survey had US and Canada investor respondents staying in US and Canada residents and US and Canada person who are not residing in US/Canada. Apart from US and Canada cities, the respondents were mainly from Mumbai and Pune.
 
Read Moneylife cover story – “Beware! Investors in Indian Mutual Funds from US & Canada” 
 

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COMMENTS

Suketu Shah

4 months ago

These are the things one expects when you have a FMinister like we have.The main problem in current govt is our Finance Minster as Dr Swamy rightly said.Everything else is working very well.

Nishesh Jambudi

4 months ago

As USA citizen I have very hard time to reset password to buy mutual fund. I have no idea how to deal this.

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