Amazon India Held Liable for Counterfeit Products Sold by Marketplace Sellers

Amazon India, operating as Amazon Seller Services Pvt Ltd, has faced numerous consumer complaints about counterfeit, used, and wrong products being sold by marketplace sellers on its platform. Cases range from fake branded perfumes and electronics to used laptops sold as new.

In a significant case before the Delhi District Consumer Forum, a consumer ordered a branded perfume from Amazon and received a counterfeit product. Amazon defended itself by arguing it was merely a marketplace platform connecting buyers and sellers, and therefore not liable for the quality of products sold by third-party sellers.

The consumer forum rejected this defense, holding that Amazon — as the platform that facilitated the transaction, processed the payment, and in many cases handled delivery through its logistics network — could not disclaim responsibility for the products sold through its platform. The forum directed Amazon to provide a refund and pay compensation.

Similar rulings have been passed by consumer forums across India, consistently establishing that e-commerce marketplace platforms bear responsibility for ensuring the authenticity and quality of products sold through them.

The Consumer Protection (E-Commerce) Rules, 2020 strengthened this position by requiring marketplace platforms to ensure sellers display accurate product information, maintain proper grievance redressal mechanisms, and take responsibility for the consumer experience.

Many consumers, especially in smaller cities, remain unaware of these protections and accept losses without challenging them — suggesting the reported cases represent only a fraction of the actual problem.