What is an 'unfair trade practice' and can I sue for it?

Question

A shop sold me a product claiming it was 'original' when it was a counterfeit. Is this an unfair trade practice under Indian law? Before I spend money on it, I want to know whether Consumer Protection Act 2019, Section 2(47) gives me a remedy here and what proof I would need. Any Section numbers I can quote when I write to them would be useful.

MyVakeel Legal Desk · Accepted Answer

Consumer Protection Act 2019, Section 2(47) and Consumer Protection Act 2019, Section 2(28) is what decides this question in India. Read it alongside the provisions named, because the relief available to you turns on the facts you can prove on paper.

Section 2(47) lists unfair trade practices including false representation about the quality, standard, style or grade of goods.

Falsely claiming a spurious product is genuine, or an old product is new, both squarely fit within the definition.

The 2019 Act also separately defines 'misleading advertisement' under Section 2(28), which overlaps where the false claim is made through an ad.

You may seek refund, replacement, compensation, and removal of the defect or unfair practice from the trader's business under Section 39.

The Central Consumer Protection Authority (CCPA) can independently investigate and penalise unfair trade practices under Section 18, separate from your individual complaint.

What to do next: 1) Preserve the packaging, receipt and any certificate of authenticity comparison showing the fake nature of the product; 2) Send a legal notice to the seller demanding refund and citing Section 2(47); 3) File a complaint before the District Commission or lodge a complaint with the CCPA via the National Consumer Helpline; 4) Report counterfeit branding also to the trademark owner, who may take separate IP action.

If you are unsure whether your facts fall inside Consumer Protection Act 2019, Section 2(47), that is worth checking with an advocate before you commit to a route, because switching later costs time. 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.