What if a product falsely carries the ISI mark?
I bought an electrical appliance with an ISI mark but it does not meet the required safety standard. I want to know what action I can take. 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 if a product falsely carries the ISI mark? is governed in India primarily by BIS Act 2016, Section 17, BIS Act 2016, Section 29 and Consumer Protection Act 2019, Section 2(47). 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.
Section 17 of the BIS Act 2016 prohibits any person from using the Standard Mark, including the ISI mark, on goods that do not conform to the relevant Indian standard.
Section 29 of the BIS Act 2016 prescribes penalties, including imprisonment and fine, for improper use of the Standard Mark or for selling non-conforming goods under it.
Falsely displaying an ISI mark to induce a purchase is an unfair trade practice under Section 2(47) of the Consumer Protection Act 2019.
You are entitled to a refund or replacement of the non-conforming product along with compensation for any harm it caused, especially for safety-critical items like electrical appliances or pressure cookers.
Complaints can be filed both with the Bureau of Indian Standards for certification action and with the consumer commission for individual compensation.
What to do next: 1) Get the product tested by an accredited laboratory if a safety defect is suspected; 2) File a complaint with the Bureau of Indian Standards against the manufacturer; 3) Send a legal notice to the seller and manufacturer demanding refund or replacement; 4) Approach the consumer commission for compensation if the issue is not resolved.
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 BIS Act 2016, Section 17 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.