Bought a Fake or Counterfeit Product Online in India? Refund, Reporting and Your Rights

Short answer: tell the seller and the platform in writing that the product is fake, ask for a refund, and keep the product and packaging. Under Rule 6(3) of the Consumer Protection (E-Commerce) Rules, 2020, a seller on a marketplace may not refuse to take back goods or refund the money if they are “defective, deficient or spurious” or not as advertised. The Consumer Protection Act, 2019 defines “spurious goods” as goods falsely claimed to be genuine (section 2(43)) and treats offering them as an unfair trade practice (section 2(47)(vi)). If the product carries an ISI mark, you can check the licence in the BIS Care app and complain there if the mark is misused.

General consumer information, not legal advice. The E-Commerce Rules, the Consumer Protection Act, the BIS Act, 2016 and the Trade Marks Act, 1999 were checked against their published text on 13 October 2026, and the BIS Care features against the BIS website.

First, check whether it is really fake

A cheap price, a wrong logo font or a missing manual is a hint, not proof. Where the product falls under a compulsory-certification scheme, the Bureau of Indian Standards (BIS) lets you test the claim on the spot. The BIS Care app is free, runs on Android and iOS, and has these checks:

An ISI mark with no licence number beside it, or a number the app cannot find, is a reason to be suspicious. A product that carries no mark at all may simply fall outside compulsory certification, so the absence of a mark does not by itself prove it is fake.

What the law says about fakes and unmarked goods

• Consumer Protection Act, 2019. “Spurious goods” means goods falsely claimed to be genuine (section 2(43)); manufacturing or offering them for sale is an unfair trade practice (section 2(47)(vi)). A false claim that goods are of a particular standard, quality or model is another (section 2(47)(i)(a)). The Central Authority can order recall of dangerous, hazardous or unsafe goods, reimbursement of the price to purchasers, and discontinuation of the practice (section 20).
• BIS Act, 2016. For goods the Central Government has notified for compulsory use of the Standard Mark (section 16), no one may manufacture, import, distribute, sell, hire, lease, store or exhibit them for sale without the mark, except under a valid licence (section 17(1)). Using the Standard Mark, or a colourable imitation of it, without a licence is barred by section 17(3). Contravening section 17 is punishable under section 29(3) with imprisonment up to two years, or a fine of not less than ₹2 lakh for a first offence and not less than ₹5 lakh for later ones, which may extend to ten times the value of the goods, or both. The offence is cognizable.
• Trade Marks Act, 1999. Applying a false trade mark to goods is punishable under section 103, and selling or exposing for sale goods bearing a false trade mark is punishable under section 104, each with imprisonment of six months to three years and a fine of ₹50,000 to ₹2 lakh (the court can go lower for adequate and special reasons recorded). A civil claim for infringement belongs to the trade mark owner, so the practical step for a buyer is to tell the brand, which runs its own enforcement.

What the e-commerce rules require of the platform and the seller

The Rules apply to e-commerce entities not established in India if they systematically offer goods or services to consumers in India. For a marketplace they provide that:

• the marketplace must require each seller, by an undertaking, to ensure that descriptions, images and other content correspond directly with the appearance, nature, quality, purpose and other general features of the goods (Rule 5(2));
• it must show seller details before purchase and, on your written request after purchase, give you the seller’s principal address, website, email and other information needed to resolve a dispute (Rule 5(3)(a) and its proviso);
• it must give each complaint a ticket number and show its return, refund, warranty and grievance information (Rule 5(3)(b) and (c));
• it must keep a record of sellers who repeatedly offer goods removed under the Copyright Act, the Trade Marks Act or the IT Act, but it is not required to terminate them (Rule 5(5));
• a seller must not adopt an unfair trade practice, must not post fake reviews of its own goods, and must state the importer and guarantees about authenticity for imported products (Rule 6(1), (2), 6(5)(f));
• the seller’s grievance officer, like the platform’s, must acknowledge a complaint within 48 hours and redress it within one month (Rule 6(4)(b) and Rule 4(5)).

In August 2022 the CCPA ordered Amazon to notify buyers of 2,265 pressure cookers that did not meet a mandatory standard, to recall them and to reimburse the price, and fined it ₹1 lakh, according to Business Standard’s report; Amazon challenged the order in the Delhi High Court and the outcome is not covered here. It shows the kind of order section 20 makes possible against a platform, not a settled rule that marketplaces are liable for every third-party fake.

What to do, in order

1. Stop using the product if it is something safety-critical, such as a helmet, charger, pressure cooker, heater or anything that heats, charges or carries a load.
2. Preserve everything. Keep the item, the box, the invoice and the seller label. Screenshot the listing, the seller page, reviews and your order page before they change; see how to preserve evidence before an app deletes it and the guide on screenshots as evidence.
3. Raise a return or refund request in the app and choose the reason “not genuine” or “not as described”, then email the platform’s grievance officer with the order number, photographs and a one-line statement that you believe the goods are spurious. Ask for a ticket number.
4. Ask the marketplace in writing for the seller’s details under Rule 5(3)(a).
5. If you paid by card or UPI and the refund is refused, see chargeback vs UPI dispute vs consumer court. If the “shop” looks like a scam site rather than a marketplace seller, start with the online shopping scam guide.
6. Report it: the BIS Care “Complaints” option for a misused standard mark; the National Consumer Helpline (1915, WhatsApp 8800001915); and the brand’s own channel.
7. If the money is not returned, send a legal notice and file on e-Jagriti. A District Commission can order a refund with interest and compensation (section 39(1)(c) and (d)). Remedies are in the guide to defective products.

Related in this series: misleading ads and fake sale prices and being charged more than MRP.

Frequently asked questions

How do I check whether an ISI mark is genuine?

Note the licence number printed beside the mark and enter it under “Verify Licence Details” in the free BIS Care app. It shows whether the licence exists, who holds it and for which product. An ISI mark with no number beside it, or a number the app cannot find, is a warning sign. Use “Verify R-Number under CRS” for registered electronics and “Verify HUID” for hallmarked jewellery.

Is the marketplace liable if a third-party seller sold me a fake?

The Rules put the duty to take back spurious goods and refund on the seller (Rule 6(3)) and put information, grievance and seller-record duties on the marketplace (Rule 5). Whether a marketplace is itself answerable in a given case depends on its role. Raise the complaint with both, and ask the marketplace for the seller’s details in writing.

Can I return a counterfeit after the return window has closed?

Rule 6(3) does not set a return window for goods that are defective, deficient or spurious, or not as advertised. Platforms usually list their own windows, so raise the request anyway, in writing and with evidence, and escalate to the grievance officer and the National Consumer Helpline if it is refused. Mind the two-year limit for filing a consumer complaint.

Is selling counterfeit goods a crime in India?

Selling goods that bear a false trade mark is punishable under section 104 of the Trade Marks Act, 1999 with imprisonment of six months to three years and a fine of ₹50,000 to ₹2 lakh, subject to the defences in that section. Selling notified goods without the BIS Standard Mark is punishable under section 29(3) of the BIS Act, 2016.

What can I claim if I bought a fake?

The price with interest and, if you can show loss or injury caused by negligence, compensation, plus costs (section 39(1)(c), (d) and (m) of the Consumer Protection Act). If a fake product injures you or damages other property, a product liability action under Chapter VI is available.

Should I report a product that simply has no ISI mark?

Only if the product is of a kind the Government has made subject to compulsory certification. Many products are not, so a missing mark is not proof of wrongdoing. The BIS Care app lists products under compulsory certification, and you can ask the seller which scheme covers the item.