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  1. Dr. Satinder Singh Reply

    Your Article: Counterfeit products disrupting luxury ecommerce space- Who actually is to be blamed?
    Flipkart sold me dubious/counterfeit Lakme Eyeconic kajal thrice, albeit through different vendors within a total period of almost half a year. It been close to 6 months and despite bringing this to their notice during very first instance they have not taken any effective measure. It’s a hot selling product being sold in hundred, if not thousand, across India.
    Though Flipkart is supposed to ensure the authenticity/ genuinity of products and atleast cosmetics which are intended to be applied to skin, despite being well informed about same during earlier two occasions; it seems that flipkart is in no mood to take it seriously. This could be perhaps due to the overconfidence of Flipkart to be immune to Indian judicial system. They pretend to play safe by acting as just a platform and not directly involved in sale of product. May I request the Indian legal experts that when somebody is made aware of the pirated products being sold through their channel and still they don’t curb its sale, then why can’t they be held liable for ignorance & mischief?
    It’s not a speaker or mobile cover. Counterfeit cosmetics are far more harmful than fake electronics or clothes/accessories. It’s a cosmetic product for application around most vital part of body i.e. eyes and used by females of almost all ages. These Fake Lakme Eyeconic Kajals may have been made in unsanitised factories & may contain toxic levels of chemicals and other harmful substances such as arsenic, mercury and lead. All of these may cause allergic reactions, such as eye irritation, infection, rashes, as well as temporary or permanent vision impairment. A product containing heavy metal impurities may damage the vision/eyes temporarily or permanently.
    Give me your mail ID & I’ll send you scan of 3 receipts pertaining to three different orders placed in a span of almost 6 months for procurement of Lakme eyeconic kajal from flipkart. you can then see, the product in question was supplied by three different vendors, the first one located in Delhi, second in Gwalior and third vendor is based at Surat. So you can well imagine the gravity of situation, the scale at which it is happening and revenue loss to the exchequer and to government owing to reduced tax collections. The onus is truly on Flipkart as it would have taken only 5 minutes of theirs to drop a mail during April 2015 itself, when it was first brought to their notice, that don’t promote sale of counterfeit cosmetics. The piracy which otherwise would have confined to one local area now has spread throughout India due to Flipkart intervention. Also I’ll send you HUL certification of counterfeit cosmetic. Second and third consignment bear exact resemblance to first one in terms of grammatical errors and physical attributes.
    When approached Flipkart have only one shot remedy of all such cases i.e. delisting of seller. But I would like to ask all the online shopping savvy consumers “is delisting sufficient damage control measure to get away with and isn’t it offers easy escape? Whilst counterfeit goods manufactures are exploiting every opportunity to fool customers into buying counterfeits in order for them to make some quick cash, e-commerce also equally contributes in putting peoples’ health, homes and lives at risk by not taking stringent quality control measures despite being well informed about piracy.
    Given that flipkart is facilitating mass sales of fake product, Shouldn’t the website be banned for atleast couple of days on every such occasion; as being in-practice in UK/Europe? There should be law to suspended websites, atleast temporary, if caught assisting sale of fake cosmetics. We have not sought any refund against any of order and only requested to curb its sale with immediate effect.
    Take the recent case of Veera Reddy- A perfect example of double standards of legal system. Flipkart can take customer for a ride but if customer takes Flipkart for a ride he is never spared. Veera reddy duped Flipkart; arrested and made to repent. But what about Flipkart duping customers by assisting sale of fake counterfeit products; interestingly three times in a row to same customer? Given that they were well informed about the same during very first instance and still they apparently did nothing, Shouldn’t they be treated in similar way? Why we have two different set of guidelines and class of action?
    This piracy will soon emerge as chronic problem with on-line shopping savvy customers. In light of above steted facts, you can better judge who actually is to be blamed

    Dr. Satinder Singh

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