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 approached me after facing a frustrating situation with his digital advertising campaign. He had created a business account on X.platform (a major social media platform) for his relative’s business venture. Following the platform’s payment process, he deposited Rs. 100 in two transactions – Rs. 60 and Rs. 40 – to start advertising campaigns. However, immediately after completing the payment, the platform suspended his account citing policy violations. Within hours, he received an email stating that his account was permanently banned without any specific explanation or opportunity for appeal. No advertisements were run, yet his money remained locked in the disabled account. Mr.X was left confused about his legal rights and the possibility of recovering his unused advertising balance from the platform.

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 with the platform including screenshots of payment confirmations, account suspension notifications, and email correspondence. File a complaint with the National Consumer Disputes Redressal Commission as this involves unfair trade practices. Submit a formal grievance through the platform’s official channels and maintain records of all submissions for legal proceedings.

Applicable Sections of Law

This case involves multiple legal provisions under Indian law. Section 318 of BNS (cheating) applies when platforms accept payments but fail to provide promised services. The Consumer Protection Act 2019 covers unfair trade practices by digital service providers. Section 61 of BNS addresses criminal breach of trust regarding misappropriation of deposited funds. Under BNSS Section 173, investigation procedures for cyber-related financial frauds are outlined. Additionally, the Information Technology Act provisions regarding digital platform responsibilities and user rights protection are applicable in such disputes.

If You Are the Complainant

File a comprehensive consumer complaint with detailed transaction records and communication history with the platform. Approach the District Consumer Forum with evidence of payment confirmation and account suspension without justification. Submit a complaint to the Cyber Crime Cell of your local police station regarding digital fraud and wrongful retention of funds. Escalate the matter to platform’s grievance officer through official channels with legal notice demanding refund. Maintain detailed documentation of all financial transactions and correspondence for court proceedings.

If You Are the Victim

Immediately save all evidence including payment receipts, account screenshots, and email notifications before they are deleted. Contact your bank to stop any auto-debit facilities linked to the suspended advertising account. File a written complaint with the Consumer Protection Authority highlighting unfair business practices and demanding immediate refund. Report the incident to the Reserve Bank of India’s ombudsman if payment gateway violations are involved. Seek legal consultation to understand your rights under consumer protection laws and digital payment regulations.

How the Police Behave in Such Cases

Police typically treat such cases as civil disputes initially and may redirect complainants to consumer forums. However, when fraudulent practices or criminal breach of trust is established, they register FIR under relevant BNS sections. Cyber crime cells are more receptive to such complaints as they understand digital platform complexities. Police may require substantial evidence of criminal intent before proceeding with investigation against major technology platforms.

FAQs People Normally Have

Can I get my unused advertising balance refunded? Yes, you have legal rights to recover unused funds under consumer protection laws and breach of contract provisions.

Is this a criminal matter or civil dispute? It can be both – civil for contract breach and refund, criminal if fraud or cheating is established.

How long does platform refund process take? Official refund processes can take 15-30 days, but legal intervention may be required for faster resolution.

Can I sue international platforms in Indian courts? Yes, Indian courts have jurisdiction over services provided to Indian consumers regardless of platform’s location.

What Evidence Is Required?

• Payment confirmation receipts and bank statements showing debit transactions
• Screenshots of account suspension and permanent ban notifications
• Email correspondence with platform’s support team
• Terms of service agreement and advertising policies documentation
• Proof of attempted resolution through official grievance channels
• Records of unused advertising balance in the suspended account
• Identity verification documents used for account creation

How Long Will the Investigation Take?

Consumer forum proceedings typically take 3-6 months for resolution depending on complexity and platform’s response. Cyber crime investigation may extend 6-12 months if criminal charges are pursued. Platform’s internal grievance process usually takes 15-30 days. Legal notice responses are expected within 30 days. Court proceedings for civil recovery can take 1-2 years but interim relief for refund may be granted earlier.

Advocate Sudhir Rao, Supreme Court of India