• Fake products being sold online

Could I file a case against a seller selling fake watches like Rolex etc. Online?

Do I need to purchase it to file a case?

Is this a cybercrime or a consumer case?

Please note seller only accepts COD.
Asked 11 months ago in Criminal Law from Mumbai, Maharashtra
Religion: Christian
To prove the fake product one has to b in possession of the product in a legal manner, which is called as purchase.  Without purchasing the product he cannot claim to be cheated. After purchasing the product if he finds it to be a fake  or duplicate product, he can lodge a police complaint or complaint wiht the government authority meant for it or can drag the seller to a consumer forum too. 
T Kalaiselvan
Advocate, Vellore
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How can you say that these products are fake?
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
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If you are aware of the website and its address and contact person, it is not necessary to make a purchase, but it helps if you have proof of the product and also its genuineness, thereafter armed with this proof, you can file the complaint with the police, register a complaint U/s 420 of IPC and request the cops to refrain this agency from selling such fake products.
You can also file a consumer complaint before the consumer court seeking damages and compensation for a fake product.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
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1. It is a consume case and not a cyber crime,

2. Selling anything fake is illegal,

3. After buying the fake product, you can file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of he amount paid by you, damage and cost,

4. You can file the consumer case at your place if the online seller has any branch/representative/set up/godown in your place,

5. If the seller is not having any set up in our place, then lodge a police case for cheating you and it becomes a criminal case.
Krishna Kishore Ganguly
Advocate, Kolkata
12118 Answers
231 Consultations
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You do not necessarily have to be a buyer of the fake products to be able to proceed against the sellers and promoters thereof. A complaint can be filed by you to the nearest police station. Furthermore, injunction can be sought from the civil court against the sale of those goods. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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