How can consumers report online counterfeit product sales?

The sale of counterfeit or fake products online is a growing concern for consumers and legitimate businesses alike. Counterfeit goods ranging from clothing and electronics to medicines and beauty products not only harm consumers by offering substandard quality but also violate intellectual property rights and the Consumer Protection Act, 2019. Consumers who encounter counterfeit products during online shopping have several ways to report them, helping to reduce fraudulent activities and protect other buyers.

Steps to Report Online Counterfeit Product Sales

Report to the E-commerce Platform

Contact Seller or Platform: Most e-commerce platforms (e.g., Amazon, Flipkart, eBay) have dedicated systems to report counterfeit products. If you’ve purchased a counterfeit item or suspect a product is fake, you should:

• Go to the order details page of the product in your account.
• Select the option to report the item as counterfeit or misleading.
• Provide details about why you believe the product is fake, such as discrepancies with the brand, poor quality, packaging, or signs of infringement.

Example: If you purchase a branded mobile phone online but later discover it is a counterfeit model, you can file a complaint on the platform stating that the phone is not an authentic product, attaching images and details as evidence.

File a Complaint with the Seller

If the e-commerce platform doesn’t act promptly, you can directly contact the seller. Many platforms allow you to raise a dispute and seek a refund for counterfeit items.

If the seller does not cooperate or denies selling counterfeit items, escalate the matter to the platform’s customer support and request an investigation. Platforms are required to remove counterfeit listings within a reasonable time.

Report to the Consumer Helpline

National Consumer Helpline (NCH): You can file a formal complaint about counterfeit products through the National Consumer Helpline (NCH), which is run by the Department of Consumer Affairs.

• Visit the NCH website (consumerhelpline.gov.in) or call the toll-free number 1800-11-4000 to report the counterfeit product and the online seller.
• Provide information such as the product name, seller details, purchase receipt, and reasons for believing the product is fake.
• The NCH will guide you on the next steps and can help you seek redressal from the seller or the e-commerce platform.

Use the Grievance Redressal Mechanism of the Platform

According to the Consumer Protection (E-Commerce) Rules, 2020, all e-commerce platforms are required to have an effective grievance redressal system for consumers. This system should include:

• A customer support helpline.
• A dedicated grievance redressal team for counterfeit product complaints.
• A refund and return policy for counterfeit products.

If the platform fails to resolve the issue within 15 days, you can escalate the complaint through their internal mechanism or approach an external authority.

Report to Intellectual Property Authorities

Trademark Violation: If the counterfeit product infringes on a well-known brand's trademark (e.g., a fake luxury watch), you can report it to the Intellectual Property Office or the Trademark Office in India.

• The brand owners can file complaints against counterfeit sellers, but as a consumer, you can also raise a red flag if you identify trademark infringement in the products.
• Example: If you find counterfeit Nike shoes being sold online under the brand's name, you can notify the Intellectual Property Rights (IPR) authorities.

Report to the Consumer Forum

If a consumer is unable to resolve the issue with the platform or seller, they can approach the consumer forum for compensation. Under the Consumer Protection Act, 2019, the District Consumer Forum, State Consumer Forum, or National Consumer Disputes Redressal Commission (NCDRC) can hear complaints about counterfeit goods.

• You can file a complaint with the District Consumer Forum if the amount in dispute is under ₹20 lakh, or with the State or National Consumer Forum for claims exceeding ₹20 lakh.
• You can seek:
  • Refund for the counterfeit product.
  • Compensation for loss of time, money, and distress.

File a Complaint with the Advertising Standards Council of India (ASCI)

If a counterfeit product is advertised misleadingly on an e-commerce platform, you can file a complaint with the Advertising Standards Council of India (ASCI). ASCI regulates advertisements and can act if a product is being falsely advertised as genuine.

• Report misleading advertising claims about the authenticity of the product to ASCI to get the product removed from circulation.

Approach Cyber Crime Authorities

If the sale of counterfeit products involves cybercrime (e.g., fake online stores set up to deceive consumers), report the issue to the Cyber Crime Cell of your state or to the National Cyber Crime Reporting Portal.

• Cybercrime authorities can investigate fraudulent websites or businesses engaged in online counterfeit activities, which may lead to criminal action against the offenders.

Laws and Regulations Addressing Counterfeit Product Sales

Consumer Protection Act, 2019

The Consumer Protection Act, 2019 defines unfair trade practices and deficiency of services, including the sale of counterfeit or substandard goods. If you purchase a counterfeit product, you can file a complaint for a refund, replacement, and compensation under the Act.

E-Commerce Rules, 2020

The E-Commerce Rules require online marketplaces to ensure the authenticity of products sold on their platforms. If you receive a counterfeit product, you can approach the platform to seek redressal.

• The rules also require platforms to disclose clear information about the seller, including details on product origin and authenticity.

Intellectual Property Rights (IPR) Laws

Counterfeit products violate trademark, copyright, and patent laws. Consumers can report counterfeit goods that infringe on intellectual property rights to the IPR authorities. Brands also have the right to take action against counterfeit sellers through legal channels.

Example of Reporting a Counterfeit Product

Scenario:

A consumer, Ayesha, purchases a branded pair of Ray-Ban sunglasses online. Upon receiving the product, she notices discrepancies in the logo, the quality of the lenses, and packaging indicating the sunglasses are counterfeit.

Steps Ayesha Should Take:

• Report to the Platform: Ayesha first files a complaint on the e-commerce platform’s website, requesting a refund for the counterfeit product and submitting evidence, including photographs of the product.
• Escalate to Customer Support: If the platform doesn’t resolve the issue within 15 days, Ayesha escalates the matter to customer support.
• Report to NCH: Ayesha also contacts the National Consumer Helpline (NCH) and reports the sale of counterfeit Ray-Ban sunglasses.
• Report to Trademark Authorities: She reports the violation to the Intellectual Property Rights office for trademark infringement.
• File a Consumer Forum Complaint: If no satisfactory resolution is provided, Ayesha approaches the District Consumer Forum for compensation and a refund.

Conclusion

Consumers who come across counterfeit products online have several options to seek redressal. Reporting the issue to the e-commerce platform, consumer helplines, intellectual property authorities, or filing a complaint in consumer forums are effective ways to tackle counterfeit sales. By taking action, consumers can help protect themselves and others from fraud while holding online platforms and sellers accountable.