What if a product falsely carries the ISI mark?

Question

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. Specifically, I want to know how BIS Act 2016, Section 17 applies to a situation like mine and what the consumer law position in India actually is. If there is a deadline I should be aware of, I need to know that now.

MyVakeel Legal Desk · Accepted Answer

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). Outcomes in isi mark violation disputes depend heavily on documentation, so check what you can actually evidence as you read.

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.

In practice, in this order: 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.

Timing matters here: BIS Act 2016, Section 17 works on limitation periods, so a isi mark violation 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.