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CONSUMER COMPLAINT COUNCIL

The Consumer Complaint council is the body which was made to examine and investigate the
complaints from consumers or public at large in relation to any contravention of the code of conduct
of Advertising Standards Council of India. It is the delivery mechanism of ASCI, which comprises of 21
people. The main reason for having Consumer complaint council was that, there should not be any
kind of misleading and all the advertisements should be legal, honest with sense of morality and to
maintain fair competition in the market.

Advertising Standards Council of India codes are well revealed and are available in ASCI website as
well. These codes are recognised by all the practitioners in advertising market as it is a self-regulation
for advertising content in India. The Consumer Complaint Council is the examine body of ASCI to
regulate the complaint raised and to regulate the response of the advertiser. All the recommendation
given by the consumer complaint council is available in ASCI website and also get published in the
annual report of Advertising Standards Council of India.

Complaints are of three types against the advertising content in India –

1. Complaint by the General Public


2. Intra Industry Complaint
3. Suo Moto

COMPLAINTS MADE BY THE GENERAL PUBLIC-

Complaints against the advertising content can submitted via online form, email, telephone and
mobile app. The complaints can also be sent by the letters to the address provided. ASCI is also active
in the social media platform and responds to the complaints made in Twitter, Facebook or received
through what’s app. The important things to mention here is that there is not any kind of fess
required for submitting the complaint and while submitting the complaint all the necessary details
the complainant will be taken by the ASCI. The complainant should tell all the particulars of the
advertisement which is in question. The identity of the complainant will not be disclosed to the
advertiser unless it is non-public.

After the complaint has been submitted a mail for acknowledgement will be sent by the secretariat
within three weeks when the complaint has been received. It is the work of secretariat to do the
verification process to make sure that the complaint is not fake. After this verification the complaint
will be forwarded to the designated officer to do proper examination and the evaluation of the
complaint. If there are multiple complainants against an advertiser then it will be on the discretion of
the ASCI to move forward as taking it as only one complain again the advertiser and the same will be
informed by ASCI to the complainants.

When the evaluation and examination of the complaint will be done and If CCC will be of opinion
that there is an violation of the code, In that case the designated officer will be sending the copy of
the complaint to the advertiser by pointing out the provisions which are being violated of the code.
Advertiser will be asked to submit a written response within five days and it can be extended to
seven days if in case time is needed for all the documents. A personal hearing will be given to
advertiser with the designated officer for presenting all the documents related to the response to the
complaint. The written response has to be highlighted and has to explain the importance of the
documents which are presented by the advertiser. In case there is failure to submit the written
response on time it will lead to ex-parte.
INTRA- INDUSTRY COMPLAINTS-

This are the complaints when an advertiser submits a complaint against another advertiser for
misleading or violation of the code of ASCI. These complaints have the option for a general process
or to take a Fast Track procedure when both the advertisers that is the one who is complainant and
the one whom against the complaint has been made are the members of ASCI. This have the same
process of the complaint as it is in the complaint by the General public. In Intra Industry complaints
the identity of the complainant is disclosed the advertiser.

The hard copy of the complaint with all the relevant documents will be sent to the advertiser in this
regard and in case if the complainant wants some confidentiality, then the same can be requested to
ASCI. Rest all the steps will be same as the complaints which are made by the general public.

SUO MOTO COMPLAINTS-

This are the complaints which are made by the internal body against the advertiser. So, when any
member of ASCI or the member of Consumer complaint Council or the secretariat will submit a
complaint against the advertiser then it will be an Suo Moto complaint. The complaint has be made
in writing by the member and the process of it will be same as the another complaints.

Meeting Procedure -

After the complaints CCC will meet and the designated officer will read out the complaint and also
will read out the response which is been submitted by the advertiser. The chairperson of CCC will
ensure that each member will get an opportunity to express their views in this regard and after
everyone views chairperson will give his views regarding the same. If different views are there then
then the Designated officer will take the overall vote of the members.

Post Meeting-

After the meeting, CCC when took decision of the complaint in the meeting in which minutes of the
meeting is recorded. The complainant will be informed by CCC of the recommendation given within
three days and if any decision is not made then it will also be informed to the complainant and the
advertiser.

If the decision is made by the CCC then the same will be sent to the advertiser within three days and
the advertiser will be given then ten days to modify or withdraw the advertisement. In regards to the
packaging material of the advertiser product it should have to be modified or replaced in market in
four months. No products on the market will be available beyond four months of the Consumer
Complaint Council recommendation.

In any kind of positive response is not receiver from advertiser after the recommendation within ten
business days then the Vice-Chairman of ASCI, will send a letter to advertiser to follow the
recommendation immediately which should not exceed five days. In case of non-compliance by the
advertiser the Consumer Complaint Council will inform the concerned Authority of Government
department to take appropriate action according the laws.

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