What can I do if I bought counterfeit goods online?

Question

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 would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "What can I do if I bought counterfeit goods online?" turns on 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 points below set out the position and then what to do about it, in the order it should be done.

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.

In practice, in this order: 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.

Timing matters here: Consumer Protection Act 2019, Section 2(47) works on limitation periods, so a counterfeit goods complaint claim that is right on the merits can still fail if it is brought late. 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 consumer law.