Report No. 276

15. The Consumer Protection Act, 1986

5.30 Section 2(1)(r) of the Act, 1986 defines the term "unfair trade practice" to mean a trade practice which, for the purpose of promoting the sale, use or supply of any goods or services, adopts any unfair method or unfair or deceptive practice. Section 2 (1)(r)(3)(b) includes the conduct of any contest, lottery, game of chance or skill, for the purpose of promoting, directly or indirectly, the sale, use or supply of any product or any business interest in the ambit of unfair trade practices.

5.31 Accordingly, if a 'contest', 'lottery' or 'game of chance or skill' is employed for the purpose of promoting betting and gambling activities, such 'means of promotion', and not the concerned betting or gambling activities themselves, would be understood to fall within the meaning of an unfair trade practice, and would accordingly, attracts sections 6 and 14 of the Act. For instance, the same may be in the nature of a lucky draw to win free credits at a casino, etc.