A shop in Chennai sold me a fake product, is that state consumer unfair trade practice?

Detailed Legal Analysis

Yes, selling a fake product constitutes an unfair trade practice under the Consumer Protection Act, 2019.

The Consumer Protection Act, 2019, aims to protect consumers against unfair trade practices, including the sale of counterfeit or fake products. In your case, the shop's action of selling a fake product can be challenged under this act, which provides consumers with rights and mechanisms for redressal.

Here are the key points and steps you should consider if you wish to file a complaint:

• Definition of Unfair Trade Practice: According to Section 2(47) of the Consumer Protection Act, 2019, an unfair trade practice includes the sale of goods which are falsely represented as being of a particular standard or quality.
• Rights of Consumers: Under Section 2(1)(d), consumers have the right to be provided goods that meet the standards and quality promised by the seller. Selling a fake product violates this right.
• Gather Evidence: Collect all relevant evidence, such as:
• Receipts or bills of purchase.
• Photographs of the product.
• Any correspondence with the seller regarding the product.
• File a Complaint: You can file a complaint against the seller with the District Consumer Disputes Redressal Forum (DCDRF) in Chennai, as per Section 12 of the Consumer Protection Act. The process involves:
• Submitting a written complaint detailing the issue.
• Filing the complaint within two years of the date of the transaction.
• Paying the requisite fee for the complaint.
• Compensation and Remedies: Under Section 14 of the Act, you may claim remedies such as:
• Replacement of the product.
• Refund of the purchase price.
• Compensation for any loss or injury caused by the unfair trade practice.
• Possible Outcomes: If the complaint is upheld, the seller may be directed to rectify the issue, compensate you, or face penalties.

In summary, selling a fake product is an unfair trade practice, and you have the right to seek redressal under the Consumer Protection Act, 2019. Following the aforementioned steps will help you in filing a successful complaint.