What can I do if I bought counterfeit goods online?

I ordered a branded product online and it turned out to be a fake. I want to know how to get a refund and whether I can take legal action. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

What can I do if I bought counterfeit goods online? is governed in India primarily by Consumer Protection Act 2019, Section 2(47), Consumer Protection Act 2019, Section 2(9), Trade Marks Act 1999, Section 103 and Consumer Protection (E-Commerce) Rules 2020, Rule 5. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Selling a counterfeit product as genuine is an unfair trade practice under Section 2(47) of the Consumer Protection Act 2019, since it involves a false representation of the goods' standard and quality.

It also amounts to a restrictive and unfair trade practice giving you a right to claim compensation as a consumer suffering loss under Section 2(9), which defines a consumer dispute.

Selling counterfeit goods bearing a registered trademark is a criminal offence under Section 103 of the Trade Marks Act 1999, punishable with imprisonment and fine.

Under Rule 5 of the Consumer Protection (E-Commerce) Rules 2020, the marketplace must ensure sellers do not sell counterfeit goods and must take down such listings on complaint.

You can seek a full refund, replacement and compensation from both the seller and the e-commerce platform before the consumer commission having jurisdiction over your residence.

What to do next: 1) Preserve the product, packaging, invoice and any brand authentication report as evidence; 2) Report the listing to the marketplace's grievance officer under the E-Commerce Rules 2020; 3) File a written complaint with the police or trademark holder if the seller is untraceable; 4) Approach the district consumer commission for refund and compensation.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Consumer Protection Act 2019, Section 2(47) carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.

Disclaimer: This information is for general awareness and does not constitute legal advice. Statutes and their interpretation change, and outcomes depend on the facts of your case. Please consult a qualified advocate before acting on it.