You ordered branded Nike sneakers on a major marketplace. What arrived was an obvious counterfeit — wrong logo, poor stitching, no authenticity tag. You requested a refund. The platform's automated system replied: "MegaKart is an intermediary. Please contact the seller directly."
This is the standard deflection. Marketplaces in India routinely claim they are mere intermediaries with no responsibility for third-party products. That defence works sometimes — but not when the platform's own listing was misleading, when it failed to verify the seller, or when it ignores a legitimate complaint.
Consumer Protection Act 2019
The Consumer Protection Act 2019 and the Consumer Protection (E-Commerce) Rules 2020 impose specific obligations on e-commerce platforms:
- Conduct due diligence on sellers before listing their products
- Display accurate product information — if the listing says "Nike" with official branding, that is the platform's representation to you
- Respond to consumer complaints within a reasonable timeframe
- Cannot disclaim all liability through terms and conditions that override statutory consumer rights
CPA 2019 · E-Commerce Rules 2020
When "Intermediary" Status Fails
A marketplace is not automatically shielded when:
- The listing was misleading — official brand name and logo displayed without any indication the product might be non-genuine
- The platform failed to act — you reported counterfeits and the listing remained active, or the seller account vanished with no refund offered
- Due diligence was not performed — the seller had no verifiable business credentials but was allowed to list branded goods
In these situations, the platform becomes jointly liable with the seller. You do not need to chase a deleted seller account — the platform facilitated the transaction and took your money.
What to Do
- Document everything — photos of the product, the original listing (screenshot before it is removed), order confirmation, and all communication with the platform.
- Submit a formal complaint — through the platform's grievance portal, citing the Consumer Protection (E-Commerce) Rules 2020 and demanding a full refund from the platform (not just the seller).
- National Consumer Helpline — call 1800-11-4000 or file at consumerhelpline.gov.in. This is free and creates an official record.
- District Consumer Forum — for claims under ₹50 lakh, you can file directly against both the seller and the platform. No lawyer required for straightforward cases.
- Report the counterfeit listing — demand the platform remove the listing and confirm in writing. Failure to act strengthens your liability argument.
Language That Works
"The listing displayed the Nike brand name and logo without any indication that the product was non-genuine. Under the Consumer Protection (E-Commerce) Rules 2020, this constitutes a failure of platform due diligence for which [Platform] is jointly liable. I demand a full refund of ₹[amount] within 48 hours."
Frequently Asked Questions
Is the marketplace liable for counterfeit goods from a third-party seller?
Often yes. Under Consumer Protection Act 2019, platforms can be liable when listings are misleading or they fail to act on complaints.
Can a marketplace refuse a refund by saying it is only an intermediary?
Intermediary status is not absolute. E-Commerce Rules 2020 require due diligence and a response to legitimate consumer complaints.
Where can I file a complaint about fake products online in India?
National Consumer Helpline (1800-11-4000), consumerhelpline.gov.in, or your District Consumer Forum for claims under ₹50 lakh.
Related Guides
Fix AI has a MegaKart counterfeit dispute where the platform bot hides behind "intermediary status" and tells you to contact the seller. Practice the Consumer Protection Act arguments for free.
Practice This Dispute Free →