Introduction
Consumer law protects buyers from fake or imitation products sold in the market. Sometimes goods are sold as genuine products even though they are not original.
Such goods are known as spurious goods, and the Consumer Protection Act, 2019 specifically addresses this problem.
Meaning / Definition
According to Section 2(43) of the Consumer Protection Act, 2019, spurious goods mean goods which are falsely claimed to be genuine.
In simple words, spurious goods are fake goods sold as if they are original or genuine products.
Under the Consumer Protection Act, 1986, the law used the term “spurious goods and services.” These referred to goods or services that were claimed to be genuine but were actually not genuine.
However, the Consumer Protection Act, 2019 specifically defines only spurious goods.
Modes or Types
Fake Branded Goods
These are goods that carry the name or logo of a well-known brand, even though they are not manufactured by the genuine company.
Such goods are often sold at lower prices to mislead consumers.
Imitation Products
Imitation goods are products that look similar to genuine goods but are produced by unauthorized manufacturers.
They are designed to confuse consumers and make them believe that the goods are original.
Misrepresented Goods
Sometimes goods are sold with false claims about their origin, quality, or manufacturer.
For example, a product may be sold as imported or premium quality when it is actually not.
Distinction / Comparison
| Basis | Spurious Goods | Genuine Goods |
|---|---|---|
| Nature | Fake or falsely represented products | Original products manufactured by authorized producers |
| Representation | Claimed to be genuine but actually not genuine | Truthfully represented to consumers |
| Consumer Protection | Consumer can file a complaint under consumer law | No dispute if the product meets standards |
Practical Example
A shopkeeper sells a pair of shoes claiming that they are made by a famous international brand. Later, the buyer discovers that the shoes are fake and were not manufactured by that brand.
In this situation, the shoes are spurious goods, and the consumer may file a complaint under the Consumer Protection Act.
Summary
- Spurious goods are defined under Section 2(43) of the Consumer Protection Act, 2019.
- They are goods that are falsely claimed to be genuine.
- Such goods are usually fake or imitation products sold to mislead consumers.
- The earlier Consumer Protection Act, 1986 referred to both spurious goods and spurious services.
- Selling spurious goods can lead to consumer disputes and legal action.
- Consumer law protects buyers from being cheated by fake or falsely represented products.