If you are stuck in such a situation, here is what to do. 💡

Ms. Anjali Verma, a resident of Virajpur, recently experienced a distressing incident while shopping online. She had purchased a high-value timepiece, costing INR 25,000, as a gift for her spouse, Mr. Rohan Sharma, from the popular e-commerce platform ‘ApexMart Online’.

Upon unboxing the item on the 15th of Kartika, 2080, they were dismayed to discover that the watch was a counterfeit. Ms. Verma promptly initiated a return request with ‘EliteTime Sellers’, the specific vendor on ApexMart Online. The seller arranged for the pickup of the item, and Ms. Verma diligently returned the package.

However, to her shock, ‘EliteTime Sellers’ subsequently claimed that Ms. Verma had returned a different, fake watch, not the original product they had shipped. When she contacted the customer support of ‘ApexMart Online’ for assistance, they proved unhelpful, eventually disconnecting the call and stating they could not intervene further. This left Ms. Verma in a predicament, wondering about her legal options.

Advice in such cases ⚖️

This scenario highlights a common challenge faced by online consumers. When an e-commerce platform or seller delivers a counterfeit product and then refuses to rectify the issue, consumers have clear legal avenues.

• Firstly, gather all evidence related to the purchase, communication, and return process.
• Secondly, explore consumer protection mechanisms.
• Thirdly, consider the criminal aspect if there is clear intent to defraud.

Applicable Sections of Law 📖

In cases of online fraud involving counterfeit goods, several legal provisions come into play:

• Consumer Protection Act, 2019: This is the primary legislation. Consumers can file a complaint against the seller and the e-commerce platform for unfair trade practices, deficiency in service, and sale of defective or counterfeit goods. The complaint can be filed with the District Consumer Disputes Redressal Commission where the complainant resides or where the cause of action arose.
• Bharatiya Nyaya Sanhita (BNS), 2023:
  • Section 318 (Cheating): If the seller knowingly sold a counterfeit product with an intention to deceive and then falsely claimed a different item was returned to avoid refunding, this could amount to cheating. The punishment for cheating can involve imprisonment and fine.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: This procedural law governs criminal investigations.
  • Section 173 (Information as to cognizable cases): If cheating is established, an FIR can be registered under this section.
  • Section 175 (Procedure for investigation): Outlines the process for police investigation.
• Information Technology Act, 2000: While primarily for cybercrime, certain sections related to misrepresentation or fraud through electronic means could potentially be invoked.

If you are the complainant 📝

If you are the one who has suffered due to such a fraudulent transaction, you can take the following steps:

• Send a Legal Notice: Before initiating formal proceedings, send a detailed legal notice to both the seller and the e-commerce platform demanding a refund or replacement.
• File a Consumer Complaint: File a complaint with the District Consumer Disputes Redressal Commission. You can do this online through the e-Daakhil portal or offline. Ensure you attach all supporting documents.
• File a Police Complaint/FIR: If the e-commerce platform and seller are unresponsive, and there’s clear evidence of cheating, consider filing a police complaint (FIR) under BNS Section 318. This can be done at your local police station or through online portals if available.

If you are the victim 🛡️

As the victim, your immediate actions are crucial:

• Preserve Evidence: Do not discard any packaging, invoices, communication (emails, chat logs, call recordings if any), or the counterfeit product itself. Take photographs or videos of the unboxing, the product, and any discrepancies.
• Document Everything: Maintain a detailed log of all interactions with the seller and the e-commerce platform, including dates, times, names of representatives, and summaries of conversations.
• Seek Legal Counsel: Consult with a legal expert specializing in consumer law and cybercrime to understand your best course of action and to draft effective legal notices or complaints.

How the police behave in such cases 🚓

When a police complaint is filed for cheating (BNS Section 318), the police are obligated to investigate. However, due to the nature of online transactions and the often-interstate or international presence of sellers, investigations can be complex and time-consuming. They may:

• Register an FIR if a cognizable offense is prima facie made out.
• Gather evidence, including transaction details, IP addresses, and seller information from the e-commerce platform (which may require a court order).
• Record statements from the complainant and any witnesses.
• Attempt to trace the seller.
• It’s important to follow up regularly with the investigating officer.

FAQs people normally have 🤔

• Can I get my money back? Yes, if you succeed in your consumer complaint or criminal proceedings, you can seek a refund, compensation for damages, and litigation costs.
• Is the e-commerce platform liable? Under the Consumer Protection (E-commerce) Rules, 2020, e-commerce entities have specific liabilities. They are obligated to provide details of sellers, grievance redressal mechanisms, and ensure fair trade practices. They can be held liable for not providing accurate information or for not addressing consumer grievances effectively.
• How long does it take? Consumer court cases can take anywhere from a few months to a couple of years, depending on the complexity and caseload. Criminal investigations also vary in duration.
• Do I need a lawyer? While you can represent yourself in consumer forums, having a lawyer is highly recommended, especially for drafting comprehensive complaints, presenting evidence, and navigating legal procedures effectively.

What evidence is required? 📋

To build a strong case, you will need:

• Purchase invoice/receipt, order confirmation, and payment proof.
• Screenshots of the product listing, seller details, and any misleading claims.
• Photographs and videos of the counterfeit product, including its packaging and any distinguishing features that prove it’s fake.
• All communication records (emails, chat transcripts, call recordings) with the seller and the e-commerce platform regarding the purchase, return, and dispute.
• Proof of return (courier receipt, tracking details).
• Bank statements showing the transaction.
• Expert opinion or authentication report if available, confirming the product is counterfeit (though this might be expensive and not always necessary for initial filing).

How long will the investigation take? ⏳

The duration of an investigation, whether by the police or a consumer forum, varies significantly:

• Police Investigation: This can range from a few weeks to several months, depending on the complexity of tracing the accused, gathering digital evidence, and inter-state coordination.
• Consumer Forum Proceedings: While the Consumer Protection Act, 2019, aims for speedy disposal, cases can still take 6 months to 2 years at the District level, and longer if appealed to State or National Commissions.

Advocate Sudhir Rao, Supreme Court of India