Online shopping and digital transactions have rapidly increased across India, including in Chandigarh. However, along with convenience comes the risk of online fraud, scams, and delivery of fake products. If you have been a victim of such fraudulent activities, it’s essential to know how to file a complaint against online fraud or fake products in Chandigarh under the applicable Indian laws. This article explains the step-by-step legal procedure for registering a complaint, the acts and sections that protect consumers, and the role of criminal lawyers in Chandigarh, high court lawyers, and other legal experts in ensuring justice. It is equally useful for law students and clients navigating this evolving legal area.
Understanding Online Fraud and Sale of Fake Products
What is Online Fraud?
Online fraud refers to the use of digital platforms to commit deceitful or dishonest acts, usually to gain unauthorized access to funds or personal information.
Common types include:
- Phishing emails or SMS scams
- Fake shopping websites
- Payment gateway fraud
- Fraudulent online sellers
What are Fake Products?
Fake products are counterfeit or unauthentic goods sold under the guise of genuine items. These may include:
- Duplicate electronics
- Counterfeit clothing and cosmetics
- Substandard medicines
- Unauthorized replicas of branded products
The law provides both civil and criminal remedies against online fraud and fake product sales.
Relevant Laws for Filing Complaint Against Online Fraud and Fake Products
1. Information Technology Act, 2000 (Amended)
Section 66D – Cheating by Personation Using Computer Resources
- Covers fraud committed using electronic means
- Punishable with up to 3 years’ imprisonment and fine
- Commonly applied by criminal advocates in Chandigarh in cybercrime complaints
Section 43 – Unauthorized Access and Damage to Computer System
- Covers hacking, phishing, and data theft
- Civil and criminal penalties apply
2. Indian Penal Code (Now Bharatiya Nyaya Sanhita, 2023 – BNS)
Section 316 BNS – Cheating and Dishonest Inducement
- Replaces Section 420 IPC
- Punishment: Up to 7 years of imprisonment and fine
- Applies when a consumer is induced to buy fake or non-delivered goods
Section 318 BNS – Cheating with Knowledge of Likelihood of Harm
- Applies where the intent to defraud involves risk to human health (e.g., fake medicines)
Section 336 BNS – Forgery for Purpose of Cheating
- For cases involving fake websites or fake brand logos
These provisions are commonly invoked by criminal defense lawyers in Chandigarh representing clients or accused in digital fraud matters.
3. Consumer Protection Act, 2019
Section 2(47) – Unfair Trade Practices
- Includes false advertisements, fake product claims, misleading prices
Section 17 – Filing Complaint to Consumer Commission
- You can file a complaint if you received a fake product or didn’t receive what you paid for
e-Daakhil Portal
- Consumers can file complaints online without a lawyer, but legal guidance from high court advocates in Chandigarh can help with complex claims or appeals
4. Indian Contract Act, 1872
- If terms of sale were breached (e.g., product not delivered or not as described), a complaint can be filed for breach of contract.
Step-by-Step Guide to Filing Complaint Against Online Fraud or Fake Products in Chandigarh
Step 1: Gather Evidence
Before initiating legal action:
- Save payment receipts
- Keep screenshots of product listings
- Preserve emails, chats, and SMS
- Collect product packaging and fake labels
This evidence will be crucial when working with criminal lawyers or criminal defense advocates in Chandigarh.
Step 2: File a Cybercrime Complaint
You can register an online fraud complaint with:
- Chandigarh Police Cyber Cell
- National Cyber Crime Reporting Portal: https://cybercrime.gov.in
Provide:
- Transaction ID
- Website/App details
- Your contact information
- Details of the fraud
Step 3: File an FIR at the Police Station
If the loss is significant or involves criminal intent, file a First Information Report (FIR) at your nearest police station in Chandigarh under Section 173 of BNSS.
In case the police refuse to register FIR:
- Escalate to SP or DGP Chandigarh
- Approach Judicial Magistrate under Section 176(3) BNSS
- Seek legal help from criminal defense advocates in Chandigarh
Step 4: File Complaint with Consumer Commission
If the complaint is about fake or defective goods:
- File with the District Consumer Disputes Redressal Commission, Chandigarh
- Value of goods must be under ₹50 lakhs
- Use edaakhil.nic.in
For claims above ₹50 lakhs, go to State or National Consumer Commission
Step 5: Report to Brand Owner or Trademark Holder
If the product is counterfeit:
- Inform the original brand (they may pursue trademark violation under Trademark Act, 1999)
- Brands often initiate civil action and also coordinate with high court lawyers in Chandigarh
Challenges in Online Fraud Complaints
- Jurisdiction issues (seller from another state or country)
- Difficulty identifying anonymous fraudsters
- Delayed police action or lack of cybercrime expertise
- Need for technical evidence and expert witness
In such cases, consulting experienced criminal defense lawyers in Chandigarh is essential for strategic legal intervention.
Judicial Precedents and Guidelines
Kavita v. Union of India (2020)
- Court upheld the need for quick police registration of cybercrime FIRs
Amazon Seller Services v. DIPP (2021)
- Clarified intermediary responsibilities in fake product listings
Sunita Sharma v. Flipkart (2022)
- Seller held accountable for delivering substandard product under Consumer Protection Act
These cases guide the approach of high court advocates and criminal lawyers in Chandigarh while building strong complaints or defenses.
Remedies Available for Victims of Online Fraud
- Criminal prosecution under BNS & IT Act
- Compensation through consumer court
- Damages for mental agony and financial loss
- Injunction against online fraudster
- Trademark or copyright violation actions by original brands
Filing a complaint against online fraud or fake products in Chandigarh requires a clear understanding of the law and proper evidence. Victims have strong legal remedies under the Information Technology Act, Consumer Protection Act, BNS, and BNSS, all of which are applicable in 2025 and beyond.
Whether you are a consumer, entrepreneur, or student, awareness is your first defense. If your rights are violated, experienced criminal lawyers, high court advocates, or criminal defense advocates in Chandigarh can guide you through every step of the process—from filing FIRs to seeking compensation and criminal prosecution.
FAQs on Filing Complaint Against Online Fraud or Fake Products in Chandigarh
Q1. Where should I file a complaint if I receive a fake product online in Chandigarh?
Answer: You can file a complaint with the Cyber Cell of Chandigarh Police, and also register a consumer complaint with the District Consumer Commission. For complex or high-value cases, consult criminal lawyers in Chandigarh or high court advocates.
Q2. What legal action can be taken against the seller of fake goods online?
Answer: Legal action can be taken under Section 316 and 318 of BNS for cheating, and under the Consumer Protection Act for unfair trade practices. Criminal advocates in Chandigarh can assist in pursuing both civil and criminal remedies.
Q3. What if the police refuse to register my FIR?
Answer: If FIR is refused, you can approach a Judicial Magistrate under Section 176(3) of BNSS, or file a writ petition through high court lawyers in Chandigarh under Article 226 of the Constitution.
Q4. Can I get my money back after filing a consumer complaint for a fake product?
Answer: Yes. The Consumer Forum can order the seller to refund the amount, along with compensation. Engaging a criminal defense advocate in Chandigarh helps strengthen your claim.
Q5. Is online fraud a bailable offence?
Answer: Depending on the severity and amount involved, some sections like Section 66D of the IT Act are bailable, while Section 316 of BNS (cheating) may be non-bailable. Consult a criminal defense lawyer in Chandigarh for accurate legal advice.