One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X contacted me after falling victim to an online shopping scam. He had purchased a pair of shoes from X.brand, an Instagram-based store, paying ₹1300 through online transfer. Instead of the advertised product, he received a completely different and inferior quality pair. When Mr. X tried to contact the seller through WhatsApp to resolve the issue, X.brand immediately blocked him on both WhatsApp and Instagram, effectively cutting off all communication. Mr. X had already filed a complaint with the National Consumer Helpline but was unsure about the recovery prospects. This case represents a growing trend of online fraud where sellers disappear after collecting money, leaving consumers with substandard products and no recourse for direct communication.

Advice in Such Cases

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 to 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.

• Document all communications, screenshots, and transaction records immediately
• File complaints with multiple authorities including Consumer Forum, Cyber Crime Cell, and banking authorities
• Contact your bank to dispute the transaction and explore chargeback options

Applicable Sections of Law

This case involves multiple legal provisions under the Bharatiya Nyaya Sanhita (BNS) and related laws:

• Section 318 BNS – Cheating: Applies when someone deceives another to deliver property
• Section 316 BNS – Criminal breach of trust: Relevant for misappropriation of money
• Section 319 BNS – Cheating by personation: If seller misrepresented their identity
• Consumer Protection Act 2019 – Unfair trade practices and deficiency in service
• Information Technology Act 2000 – Cyber fraud and online offences

If You Are the Complainant

• File an FIR under BNSS Section 173 at the cyber crime police station in your jurisdiction
• Submit a detailed complaint to the District Consumer Commission within two years of the incident
• Report the fraudulent account to the social media platform and payment gateway used
• Provide complete transaction history, screenshots, and correspondence as evidence
• Keep original receipts and delivery documents safely for legal proceedings

If You Are the Victim

• Immediately contact your bank to stop any further transactions and request chargeback
• File online complaints with National Cyber Crime Reporting Portal within 24 hours
• Save all digital evidence including cached pages, screenshots before accounts get deleted
• Report to Consumer Helpline 1915 and maintain complaint reference numbers
• Avoid making any further payments or responding to settlement offers from fraudulent sellers

How the Police Behave in Such Cases

Police typically treat online shopping fraud cases seriously, especially with proper documentation. They may initially suggest civil remedy due to the commercial nature, but with evidence of cheating and fraud, criminal investigation proceeds. Cyber crime cells are more receptive to such complaints and often coordinate with banks for transaction tracking. Police may require multiple follow-ups and detailed statements before initiating action against fraudulent online sellers.

FAQs People Normally Have

• Will I get my money back? Recovery depends on evidence quality and seller’s financial status. Consumer forum orders have better enforcement mechanisms than criminal cases for monetary compensation.
• How long does resolution take? Consumer forum cases typically resolve within 6-12 months, while criminal cases may take 2-3 years depending on court backlog.
• Can I sue for more than the purchase amount? Yes, you can claim compensation for harassment, mental agony, and litigation expenses beyond the principal amount.
• Is small amount worth pursuing legally? Every fraud case matters; it helps prevent others from becoming victims and builds legal precedent.

What Evidence Is Required?

• Screenshots of product advertisements and seller’s social media profiles
• Payment receipts, bank statements, and transaction confirmations
• WhatsApp chat history and communication records with timestamps
• Photographs of received products showing quality differences
• Delivery receipts with courier details and delivery confirmation
• Evidence of blocked accounts and seller’s disappearance from platforms
• Witness statements from others who may have similar experiences

How Long Will the Investigation Take?

Consumer forum proceedings typically conclude within 6-12 months if properly documented. Police investigation for criminal aspects may take 12-18 months depending on cooperation from banks and social media platforms. Chargeback requests through banks usually process within 45-90 days. The timeline significantly reduces with proper legal representation and systematic evidence presentation to appropriate authorities.

Advocate Sudhir Rao, Supreme Court of India