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Consumer Protection

Received a Fake Product? Know what to do

A man from Ghaziabad fell a prey to the scam of an e-commerce website through which he bought a phone and found stones instead upon opening the package. The price of the was Rs. 46,000. He got a refund within a period of 4 days after he posted a video of opening the package online on a micro-blogging site.
Written by:
Shivi Gupta
Published on
24-Jul-18

A man from Ghaziabad fell a prey to the scam of an e-commerce website through which he bought a phone and found stones instead upon opening the package. The price of the was Rs. 46,000. He got a refund within a period of 4 days after he posted a video of opening the package online on a micro-blogging site.

In recent times, new modes have been found to cheat the online customer base via e-commerce. The convenience of online shopping whether for electronic gadgets, household appliances, clothes or furniture, have led to new techniques to dupe the buyer. Whenever someone orders a product online, there are chances that the product may not get delivered or the buyer may receive a fake or damaged product.

The problem can occur anytime between the purchase made by the consumer and the product actually being delivered. There are many e-commerce websites that sell and deliver their product along with websites which serve as a platform for other sellers to sell their own product.

 

Following are some ways in which the customers have become a victim of online fraud:

  • Fake Website:  Scammers with similar logos and domain names set up sites that look genuine. A dummy site is created online with the purpose to extract money from consumers.
  • Genuine Site, Fake seller:  If the product is damaged or fake, then the fraud is usually committed by the seller or courier company. 
  • Courier Company:  Neither the seller nor the site is to be blamed. Sometimes, the person-in-charge of the product, i.e. the logistics person is responsible for the delivery of product.

A customer can take the following preventive measures to ensure that they do not fall prey to such online shopping scams: 

  • Check Genuinity of the site:  The domain name of the site needs to be checked. In other words, the URL should have “https” and not just “http” along with a lock icon. 
  • Check Rating of the seller:  It needs to be checked whether the seller has a good reputation or not. A consumer should always go through the reviews of the buyer and ratings of the seller before purchasing an item. 
  • Secure Payment:  A consumer must always opt for the safe payment gateway for any payment made through net banking, credit card or debit card.

How to File a Complaint against a Fake Product?

If you have received a fake or duplicate brand product, you can take the following legal actions against the seller or online shopping website:

  • Inform the Seller about the Fake Product:  You must immediately contact customer support of the website through which the purchase was made and mention the product’s details and mode of payment. The complaint must have every detail about the date and time of purchase, transaction id, payment Id, Email confirmation, etc. The seller may take some time to conduct a verification regarding the issue.
  • Send a Legal Notice:  If the seller does not take any action even after receiving the knowledge of imitation or duplicate products, you can send a legal notice to the seller regarding the fake product. A legal notice must be sent after consulting with a consumer court lawyer who can draft a fool-proof legal notice which includes the issue, action sought, reply from the seller, and action required to be taken by the buyer on the basis of notice.
  • File a case in consumer court:  If the seller fails to initiate any action with respect to the complaint, the buyer can file a consumer complaint in the correct consumer forum. The customer can hire a consumer case lawyer to claim compensation from the seller. 
  • File a case of copyright infringement:  In case of a fake or imitation product, a case of Copyright infringement can also be filed by the original brand. A copyright infringement case can be filed under the Copyright Act, 1957. In such case, a copyright lawyer can help the original brand in filing a copyright infringement case.

To take the correct legal action against fake or duplicate products, it is advised to consult a consumer court lawyer. MyAdvo connects you with the best consumer court lawyers in India who can give you the best legal advice about how to file a case in consumer court when you have received a fake or duplicate product. Email us at  info@myadvo.in or call us at +919811782573.