Fake Product Received Online: Legal Action Guide for Indian Consumers

Understanding Fake vs. Defective Products

Before taking action, it's crucial to distinguish between different types of product issues:

Counterfeit/Fake Products

Products deliberately made to imitate genuine branded goods, often using the brand's trademarks, logos, or packaging without authorization. These are illegal copies sold as originals.

Examples:

• •Fake branded shoes with copied logos
• •Counterfeit electronics claiming to be original brands
• •Imitation cosmetics using brand names
• •Fake designer clothing and accessories

Defective Products

Genuine products from the manufacturer that have quality issues, manufacturing defects, or don't work as intended. These are real products with problems, not counterfeits.

Misrepresented Products

Products falsely advertised with wrong specifications, features, or descriptions. The product itself may be genuine but doesn't match what was promised.

This guide focuses specifically on counterfeit/fake products, which involve more serious legal violations including criminal offenses.

Legal Framework Against Fake Products in India

Multiple laws protect consumers from counterfeit goods:

1. Consumer Protection Act, 2019

Relevance: Covers unfair trade practices and deficiency in services by e-commerce platforms and sellers.

Key Provisions:

• •Section 2(47): Defines "unfair trade practice" including selling goods of inferior quality as genuine
• •Section 89: E-commerce platforms liable if they fail to prevent counterfeit sales
• •Penalties: Compensation up to Rs. 10 lakhs and criminal prosecution

2. Trade Marks Act, 1999

Relevance: The primary law against counterfeit products using registered trademarks.

Key Provisions:

• •Section 102: Using a registered trademark without authorization is a criminal offense
• •Section 104: Falsifying trademark is punishable with imprisonment (6 months to 3 years) and fine (Rs. 50,000 to Rs. 2 lakhs)
• •Section 134: Civil remedies including injunction and damages
• •Section 135: Seizure of counterfeit goods

3. Indian Penal Code, 1860

Relevant Sections:

• •Section 420: Cheating and dishonestly inducing delivery of property (imprisonment up to 7 years)
• •Section 467: Forgery of valuable security (applicable to fake authenticity certificates)
• •Section 482: Using genuine trademark with intent to deceive

4. Copyright Act, 1957

Applicability: When fake products copy original designs, artwork, or creative elements.

Penalties: Imprisonment (6 months to 3 years) and fines (Rs. 50,000 to Rs. 2 lakhs)

How to Identify Fake Products

Before filing complaints, you need to confirm the product is counterfeit:

Physical Verification Methods

1. Packaging Examination

• •Check for spelling mistakes on labels
• •Compare with official product images from brand website
• •Look for missing or poorly printed holograms
• •Verify barcode authenticity (use barcode scanner apps)
• •Check for missing regulatory marks (ISI, BIS, FSSAI as applicable)

2. Product Authentication

• •Use brand's official authentication app (if available)
• •Check serial numbers with manufacturer
• •Verify hologram security features under UV light
• •Compare weight, dimensions, and materials with original

3. Quality Indicators

• •Poor build quality or finishing
• •Unusual smells (especially in cosmetics/electronics)
• •Missing documentation or certificates
• •Price significantly lower than market rate
• •Seller reluctance to provide warranty

Digital Verification

Brand Verification Services:

Most major brands offer authentication services:

• •Apple: Check serial number at checkcoverage.apple.com
• •Samsung: Samsung Members app verification
• •Nike: Nike Fit app
• •Cosmetics brands: Batch code verification on brand websites

Seller Red Flags:

• •New seller with no reviews
• •Seller profile lacks business details
• •No GST number provided
• •Shipping from suspicious locations
• •Reluctance to communicate officially

Evidence Collection: Critical Step

Strong evidence is essential for successful legal action:

Essential Documentation

1. Purchase Proof

• •Order confirmation email/SMS
• •Invoice/receipt with seller details
• •Payment transaction screenshot
• •Product listing page (screenshot before removal)
• •Platform order history

2. Product Evidence

• •Clear photographs of entire product (all angles)
• •Close-up images of logos, serial numbers, labels
• •Packaging photos including barcodes
• •Video unboxing footage (if available)
• •Weight and dimension measurements

3. Authentication Reports

• •Brand verification certificate/email
• •Service center inspection report
• •Third-party authentication certificate
• •Comparison with genuine product (if available)

4. Communication Records

• •All chat conversations with seller
• •Email exchanges about product authenticity
• •Platform customer service interactions
• •Seller's refund/return refusal messages

Getting Brand Authentication

Steps to Get Official Verification:

• 1
  Visit Authorized Service Center

- Take the product to brand's authorized service center

- Request written verification report stating it's counterfeit

- Get stamp and signature on letterhead

• 2
  Contact Brand Directly

- Email brand's anti-counterfeiting department

- Provide product photos and serial numbers

- Request written confirmation of counterfeit status

• 3
  Police Complaint Route

- File police complaint (detailed below)

- Police can request brand verification officially

- Stronger for criminal proceedings

• 4
  Independent Expert

- Hire certified product authentication expert

- Get detailed technical report

- Useful for high-value items

Step-by-Step Legal Action Process

Step 1: Attempt Platform Resolution (1-2 weeks)

Actions:

• 1
  Report the product as counterfeit on the platform
• 2
  Raise dispute through platform's grievance mechanism
• 3
  Upload all evidence to support your claim
• 4
  Request full refund and platform action against seller

Important: Document all platform responses, even if inadequate. This shows you attempted resolution before legal action.

Step 2: Send Legal Notice (1 week)

If platform resolution fails or is unsatisfactory:

Legal Notice Contents:

```

To:

[Seller Name and Address]

[E-commerce Platform Name and Address]

Subject: Legal Notice for Sale of Counterfeit Product

This notice is being sent to you under Section 138 of the Trade Marks Act, 1999

and Section 80 of the Consumer Protection Act, 2019.

Facts:

• 1
  I purchased [Product Name] on [Date] from [Seller Name] via [Platform]
• 2
  Order Number: [Number], Invoice Number: [Number]
• 3
  Amount Paid: Rs. [Amount]
• 4
  Product received is counterfeit/fake as verified by [Brand/Expert]
• 5
  This constitutes trademark infringement, unfair trade practice, and cheating

Demands:

• 1
  Full refund of Rs. [Amount] within 15 days
• 2
  Compensation of Rs. [Amount] for mental harassment and fraud
• 3
  Written apology
• 4
  Removal of seller from platform (to Platform)

Consequences of Non-Compliance:

Failure to comply will result in:

• •Criminal complaint under Trade Marks Act, 1999
• •Criminal complaint under IPC Section 420 (Cheating)
• •Civil suit for damages
• •Complaint to Consumer Commission
• •Report to brand owner for trademark infringement action

Date: [Date]

Signature: [Your Signature]

[Your Name and Address]

```

Sending the Notice:

• •Send via registered post with acknowledgment
• •Also send via email
• •Keep proof of delivery
• •Give 15 days for response

Step 3: File Police Complaint (Immediate if serious)

For counterfeit products, you can file a criminal complaint:

How to File:

Option A: Online FIR

• 1
  Visit state police website (e.g., cybercrime.gov.in)
• 2
  Select "Report Other Cyber Crime"
• 3
  Choose category: "Online Shopping Fraud"
• 4
  Provide detailed description and upload evidence
• 5
  Receive acknowledgment number

Option B: Police Station

• 1
  Go to local police station or cyber cell
• 2
  File written complaint under:

- IPC Section 420 (Cheating)

- IPC Section 482 (Using trademark with intent to deceive)

- Trade Marks Act Section 102/104

• 3
  Attach all evidence documents
• 4
  Get FIR copy with number

Police Complaint Format:

```

To,

The Station House Officer,

[Police Station Name]

[Address]

Subject: Complaint regarding sale of counterfeit product constituting cheating

and trademark infringement

Respected Sir/Madam,

I want to lodge a formal complaint against [Seller Name] and [Platform Name]

for selling counterfeit/fake products, which constitutes criminal offenses.

Facts of the Case:

[Detailed narration of purchase, payment, receipt of fake product, attempts

at resolution, evidence of counterfeiting]

Offenses Committed:

• 1
  IPC Section 420 - Cheating
• 2
  IPC Section 482 - Using trademark with intent to deceive
• 3
  Trade Marks Act Section 102 - Unauthorized use of registered trademark
• 4
  Trade Marks Act Section 104 - Falsifying trademark

Relief Sought:

• 1
  Registration of FIR
• 2
  Investigation and seizure of counterfeit goods
• 3
  Prosecution of accused parties
• 4
  Recovery of defrauded amount

I request you to kindly register my complaint and take necessary legal action.

Date: [Date]

Signature: [Your Signature]

[Your Name, Address, Contact]

```

Documents to Attach:

• •Identity proof (Aadhar/PAN)
• •Purchase invoice
• •Product photographs
• •Brand authentication certificate
• •Legal notice copy (if sent)
• •Platform communication records

Step 4: File Consumer Complaint (1-2 months)

File complaint with appropriate Consumer Commission based on value:

Jurisdiction by Value:

• •Up to Rs. 1 crore: District Consumer Disputes Redressal Commission
• •Rs. 1 crore to Rs. 10 crores: State Consumer Disputes Redressal Commission
• •Above Rs. 10 crores: National Consumer Disputes Redressal Commission

Filing Process:

• 1
  Prepare Complaint:

- Download Form I from edaakhil.nic.in

- Fill with complete details of purchase, fake product, and loss

- Claim compensation including product value, legal costs, mental harassment

• 2
  Documents Required:

- Complaint form (3 copies)

- Purchase proof and invoice

- Product authenticity report

- Legal notice and replies

- Address proof

- Court fee (as applicable)

• 3
  Submit Online:

- Visit edaakhil.nic.in (National Consumer Helpline portal)

- Create account and file e-complaint

- Upload all documents

- Pay court fees online

- Track case status online

• 4
  Compensation to Claim:

- Product value refund

- Legal notice costs (Rs. 1,000-5,000)

- Mental harassment (Rs. 10,000-50,000)

- Litigation costs (Rs. 5,000-25,000)

Step 5: Notify Brand Owner (Parallel Action)

Informing the brand owner can strengthen your case:

Steps:

• 1
  Find brand's anti-counterfeiting contact (usually on website)
• 2
  Send detailed complaint with evidence
• 3
  Request them to take action against seller
• 4
  Brand may:

- File their own trademark infringement case

- Support your complaint

- Provide authentication documents

- Take action against platform

Benefits:

• •Brand has stronger resources for legal action
• •Supports your authenticity claims
• •May lead to larger investigation
• •Platform takes brand complaints more seriously

Special Considerations for E-Commerce Platforms

Platform Liability Under Law

Consumer Protection Act, 2019:

• •Section 89: E-commerce platforms liable if they:

- Fail to prevent counterfeit sales

- Don't verify seller credentials

- Continue listing after complaint

- Mislead consumers about product authenticity

Platform Obligations:

• •Due diligence on sellers
• •Display seller information clearly
• •Grievance redressal mechanism
• •Remove counterfeit listings promptly

Platform-Specific Actions

Amazon India:

• •Report through "Report Infringement" form
• •File A-to-Z Guarantee claim
• •Contact Account Health team
• •Email india-seller-performance@amazon.com

Flipkart:

• •Use "Report a Violation" option
• •Contact Flipkart Advantage team
• •File complaint with grievance officer
• •Email: grievance.officer@flipkart.com

Meesho/Social Commerce:

• •Report to platform support
• •Share evidence of counterfeiting
• •Escalate to nodal officer
• •File platform complaint and police FIR simultaneously

Timeline and Expected Outcomes

Realistic Timeline

| Stage | Duration | Success Rate |

|-------|----------|--------------|

| Platform Resolution | 1-4 weeks | 40-50% |

| Legal Notice Response | 2-3 weeks | 20-30% |

| Police Investigation | 2-6 months | 30-40% (FIR registration) |

| Consumer Commission | 6-18 months | 70-80% (if well-documented) |

| Brand Action | 1-3 months | 60-70% (for major brands) |

Possible Outcomes

Best Case Scenario:

• •Full refund + compensation (2-5x product value)
• •Seller prosecution and platform penalty
• •Platform bans seller permanently
• •Criminal case leads to wider investigation

Common Outcomes:

• •Refund through consumer commission
• •Partial compensation (Rs. 5,000-50,000)
• •Seller account suspended
• •Warning to platform

Challenges:

• •Seller may be untraceable (fake details)
• •Platform may argue limited liability
• •Delayed justice (court backlogs)
• •Enforcement of orders difficult

Costs Involved in Legal Action

Estimated Expenses:

• 1
  Legal Notice: Rs. 2,000-5,000 (lawyer fees)
• 2
  Consumer Complaint Filing: Rs. 500-2,000 (court fees)
• 3
  Authentication Report: Rs. 1,000-10,000 (depending on product)
• 4
  Lawyer Consultation: Rs. 5,000-15,000 (optional)
• 5
  Document Notarization: Rs. 500-1,000

Total Investment: Rs. 10,000-35,000

Note: Consumer commissions often award litigation costs to winning parties, so you can recover these expenses.

Prevention Tips for Future Purchases

• 1
  Verify Seller Credentials:

- Check seller ratings and reviews carefully

- Look for "Verified Seller" or "Authorized Dealer" badges

- Avoid sellers with very low prices

• 2
  Use Secure Payment Methods:

- Prefer credit cards (better fraud protection)

- Avoid direct bank transfers or cash-on-delivery

- Use platform payment gateway only

• 3
  Check Product Authenticity Immediately:

- Verify with brand before opening package

- Record unboxing video

- Check serial numbers and authentication codes

• 4
  Buy from Authorized Channels:

- Purchase directly from brand websites when possible

- Use "Fulfilled by Amazon/Flipkart" options

- Avoid marketplace sellers for high-value items

• 5
  Report Suspicious Listings:

- Report suspected counterfeits even if you didn't buy

- Help protect other consumers

- Platform algorithms learn from reports

FAQs

Q1: Can I file a complaint if I bought the product from a small seller on social media?

Yes, you can still file a police complaint under IPC Section 420 and Trade Marks Act. Social commerce platforms also have grievance mechanisms.

Q2: What if the seller offers a partial refund?

Don't accept unless it fully compensates your loss. Accepting partial refunds may weaken your legal case. Consult a lawyer first.

Q3: How long do I have to take legal action?

Consumer complaints: 2 years from date of transaction. Criminal complaints: No strict limitation but file as soon as you discover the fraud.

Q4: Can I sue for mental harassment?

Yes, consumer commissions award compensation for mental agony and harassment. Amounts typically range from Rs. 5,000 to Rs. 50,000.

Q5: What if the platform says it's not responsible?

Under Consumer Protection Act 2019, e-commerce platforms have specific liabilities. Mention Section 89 in your complaint and legal notice.

Q6: Should I hire a lawyer?

For consumer commission complaints below Rs. 10 lakhs, you can represent yourself. For criminal cases or higher values, legal advice is recommended.

Conclusion: Your Rights Matter

Selling counterfeit products is a serious offense that harms consumers, legitimate businesses, and the economy. Indian law provides strong protection through criminal provisions, consumer protection mechanisms, and trademark laws.

Don't let sellers get away with fraud. By taking proper legal action, you not only recover your money but also:

• •Help shut down fraudulent sellers
• •Protect other potential victims
• •Support genuine businesses
• •Contribute to a safer online marketplace

Remember:

• 1
  Document everything thoroughly
• 2
  Act promptly (evidence deteriorates over time)
• 3
  Use all available legal remedies simultaneously
• 4
  Don't accept inadequate settlements
• 5
  Report to brand owners and authorities

The legal process may seem daunting, but with proper evidence and persistence, consumer commissions consistently rule in favor of victims of counterfeit fraud.

Take Action Now

If you've received a fake product, start your legal action today:

• 1
  Collect and organize all evidence
• 2
  Get product authentication from brand/expert
• 3
  Send legal notice to seller and platform
• 4
  File police complaint (for criminal action)
• 5
  Submit consumer commission complaint
• 6
  Notify brand owner

Need Help? Use Niptado's platform to:

• •Generate legal notices automatically
• •Get guidance on filing consumer complaints
• •Connect with lawyers specializing in trademark and consumer law
• •Track your case progress
• •Join with others facing similar issues for collective action

Your consumer rights are protected by law—exercise them confidently.

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*Disclaimer: This article provides general legal information and should not be considered legal advice. For specific cases, consult a qualified lawyer specializing in consumer protection and intellectual property law.*

*Last updated: January 15, 2025*