Fake product from a marketplace: what to do
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If a marketplace sent you a fake, counterfeit, or not-genuine product, the path is: document it thoroughly (photos, packaging, the invoice), raise a return/refund request and a grievance through the platform's own channel and its grievance officer, and — if that stalls — escalate to the National Consumer Helpline (call 1915) and then to a consumer commission via e-Jagriti (formerly e-Daakhil). Under the Consumer Protection (E-Commerce) Rules, 2020 a marketplace is required to have a grievance officer who acts on such complaints, and a seller on the marketplace may not refuse to take back, or to refund, goods that are spurious — the law's word for goods falsely claimed to be genuine. So you have a real first place to complain.
Be clear-eyed: this is a process that puts your complaint on record and, if needed, a legal forum behind it. It is not a guaranteed refund. To know exactly what remedy you can seek, read refund vs replacement vs repair rights.
What to do about a fake product — the checklist
Work through these in order. Most cases are resolved on the first two steps; the later ones are there if they aren't.
- Document the evidence first — before you return anything. Photograph the product, the packaging and any labels, the seller's invoice or bill, the listing you ordered from, and anything that shows it is not genuine (a mismatched logo, a missing hologram or serial, poor build). Keep the order and payment record too. This evidence is what every later step rests on.
- Raise it with the platform's return/refund and grievance channel. Open a return or refund request stating plainly that the item is fake or counterfeit, and escalate to the marketplace's grievance officer — the named contact the E-Commerce Rules 2020 require every marketplace to have. Attach your evidence and note what you want (refund or a genuine replacement). Get a complaint reference and record the date.
- Escalate to the National Consumer Helpline — 1915. If the platform doesn't resolve it, call 1915 or use consumerhelpline.gov.in. The helpline gives guidance and can help take up your grievance — a lighter, earlier step than a formal case. Have your platform complaint reference ready.
- File formally on e-Jagriti. Still stuck? File a consumer complaint on e-Jagriti (e-jagriti.gov.in) to a consumer commission. Our step-by-step e-Jagriti walkthrough covers registering, adding the parties, writing the grievance, attaching evidence, and tracking it.
Why documenting the fake matters most
A "this is counterfeit" claim is only as strong as what you can show. Clear, dated photos of the product and its packaging next to the listing you paid for, and the invoice, let the platform, the helpline, and — if it goes that far — the commission weigh the case on the facts. Do this before you send the item back, and keep copies of everything.
Counterfeits can be more than a consumer matter
Selling goods that carry a brand's mark without the brand owner's permission can also be an offence under the Trade Marks Act, 1999, apart from your purchase. The Act makes it a cognizable offence (one the police can act on) to sell, or keep for sale, goods with a false trade mark, though a seller who had no reason to suspect the goods were fake can have a defence. That is a matter for the brand owner and the police to pursue, and it is separate from your own remedy. For your own money-back purpose, keep the focus on the consumer-remedy route above: the platform's grievance channel, the National Consumer Helpline, and e-Jagriti.
Honest about the outcome
Raising a fake-product complaint does not guarantee a refund. What it does is give your complaint an on-record path — from the platform's grievance officer, to the National Consumer Helpline, to a consumer commission — with a real forum at the end. Work the steps in order and keep your evidence. One caution: if this turns out not to be an ordinary bad product but an outright scam — a fake seller who took your money by deception and vanished — that is a fraud matter, and you should report it as online fraud instead of treating it as a product dispute.
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Official sources (verify everything here — and you can act directly through them)
- Consumer Protection (E-Commerce) Rules, 2020 — rule 4 (grievance officer) and rule 6 (a seller may not refuse to take back spurious goods) (PDF)
- Consumer Protection Act 2019 — full text (PDF); section 2(43) defines spurious goods
- Trade Marks Act, 1999 — section 104 (selling goods with a false trade mark, and the innocent-seller defence) and section 115(3) (cognizable) (ipindia.gov.in)
- Department of Consumer Affairs (consumeraffairs.gov.in)
- National Consumer Helpline (1915) — consumerhelpline.gov.in
- e-Jagriti (e-jagriti.gov.in) — file a consumer complaint online (it now includes e-Daakhil)