If you are stuck in such a situation, here is what to do.

We received a query from a young individual who was unfortunately a victim of an online scam. On April 15th, Rohan, a 16-year-old from Indore, purchased a second-hand digital camera from an online seller, Mr. Verma, for a total of ₹5,500, which included shipping charges. The very next day, on April 16th, he discovered that the camera’s battery was defective and unusable.

After communicating the issue, Rohan sent the camera back to the seller on April 30th, based on the seller’s promise to resolve the matter. However, what followed was a series of excuses. Mr. Verma cited various personal emergencies, including family health crises and other unavoidable circumstances, to delay any resolution. By September 10th, the situation escalated when Mr. Verma blocked Rohan’s number and ceased all communication, effectively disappearing with both the money and the camera. Being a minor, Rohan is hesitant to involve his parents and is seeking a legal path forward to recover his loss and ensure Mr. Verma does not scam others.

Advice in such cases

This is a classic case of online cheating and breach of trust. The seller intentionally supplied a defective product and then absconded with the money and the returned item. Here is some advice for anyone facing a similar situation:

• Preserve All Evidence: The first step is to collect and securely save all communication with the seller. This includes chat messages, emails, call records, the original advertisement or post for the camera, and most importantly, proof of payment (transaction ID, bank statement, or UPI screenshot).
• File a Cyber Crime Complaint: Since the transaction was conducted online, this falls under the purview of cybercrime. You can file a complaint on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or by calling the helpline number 1930. This is the most effective first step.
• Consider a Consumer Complaint: If the seller presents themselves as a business or frequently sells goods, you may also file a complaint with the Consumer Dispute Redressal Commission. Online portals have made this process simpler.
• The Aspect of Being a Minor: Under Indian law, a minor (a person below 18 years of age) cannot sue or enter into legal proceedings in their own name. A lawsuit or complaint must be filed through a “next friend,” who is typically a parent or legal guardian. While the desire to handle this independently is understandable, involving a parent or guardian is a legal necessity to pursue the matter formally.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

Applicable Sections of Law

The actions of the seller attract penalties under several Indian laws:

• Bharatiya Nyaya Sanhita, 2023 (BNS): The seller’s act of dishonestly inducing you to pay for a defective product and then keeping both the money and the product constitutes cheating. This is punishable under Section 318 of the BNS.
• Information Technology Act, 2000: As the fraud was committed using a computer resource or communication device, relevant sections of the IT Act can also be invoked, especially those dealing with online fraud and misrepresentation.
• Consumer Protection Act, 2019: This act protects consumers from unfair trade practices, and selling a defective product with a false promise of resolution falls squarely within this definition.

If you are the complainant

If you find yourself in a situation where you are being accused of such an act, it is crucial to act responsibly and strategically. Do not ignore the allegations. Preserve all your communication with the buyer to present your side of the story. If there was a genuine misunderstanding or an unforeseen issue, try to resolve it amicably with the buyer. If the matter escalates and you receive a legal notice or a call from the police, do not panic. Your immediate step should be to seek legal advice.

• Organize Your Records: Compile all conversations, shipping receipts, and any evidence that supports your case.
• Do Not Engage in Arguments: Avoid getting into heated arguments with the complainant online or over the phone, as it can worsen the situation.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

If you are the victim

As the victim, your goal is to seek justice and recover your losses. Here is a clear action plan:

• Act Promptly: Do not delay in taking action. The sooner you report the crime, the better the chances of tracing the perpetrator.
• File an Online Complaint: Immediately go to the National Cyber Crime Reporting Portal and file a detailed complaint. Provide all the evidence you have, including the seller’s name, phone number, and transaction details.
• Inform Your Bank/Payment Gateway: Report the fraudulent transaction to the bank or the UPI/wallet service you used. While a reversal is not always possible, it creates a record against the seller’s account.
• Involve Your Guardians: As a minor, it is essential to inform your parents or a trusted adult. They will be your legal representatives in any formal proceedings and can provide the necessary support.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

How the police behave in such cases

When a complaint is filed, especially through the cybercrime portal, it is forwarded to the police station or the cyber cell in the relevant jurisdiction. The police will first conduct a preliminary inquiry to verify the complaint’s authenticity. They will use the transaction details and the seller’s contact information to trace them. Given the high volume of such cases, the process can sometimes be slow, but it is important to follow up on your complaint regularly. The police will likely register a First Information Report (FIR) under the relevant sections of the BNS and IT Act if they find sufficient evidence of a crime.

FAQs people normally have

What evidence is required?

To build a strong case, you will need the following evidence:

• Screenshots of all chats and conversations with the seller across any platform (e.g., WhatsApp, social media).
• The original online advertisement or listing for the product.
• Proof of payment: Bank transaction ID, UPI reference number, or a screenshot of the confirmed payment.
• The seller’s contact details (phone number, profile link, etc.).
• Any receipts or invoices, if provided.
• Proof of you returning the item, such as a courier receipt.

How long will the investigation take?

The duration of a police investigation for online fraud can vary significantly. It depends on several factors, including the complexity of the case, the digital trail left by the accused, and the workload of the investigating agency. Tracing an individual through a phone number or bank account can take time as it requires coordination with banks and telecom companies. It can range from a few weeks to several months. Patience and regular follow-ups are key.

Advocate Sudhir Rao, Supreme Court of India