
one of my Client recent had case which i am explaining below and If you are stuck in such similar situation, here is what to do.
Mr. Karan Mehta, a resident of Greenfield Nagar, loaded a digital gift card worth ₹15,000 into the wallet of an app-based food-delivery platform called “FoodBox.” Moments after he used the balance to place an order, FoodBox unilaterally cancelled the order and suspended his account without notice. His repeated e-mails and calls elicited only automated replies, leaving him cut off from his own funds.
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 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
- Preserve all digital evidence—screenshots of wallet balance, cancellation message, and e-mail threads.
- Send a detailed notice to the company demanding restoration of access and refund within 15 days.
- If no response, escalate to the National Consumer Helpline (NCH) and file a complaint on the Consumer Commission website.
- Where cheating is suspected, lodge an FIR for criminal breach of trust and cheating under the BNS with the local cyber police station.
Applicable Sections of Law
- Section 317, Bharatiya Nyaya Sanhita, 2023 – Cheating by personation or delivery of property.
- Section 75, Bharatiya Nyaya Sanhita, 2023 – Criminal breach of trust.
- Section 90, Bharatiya Sakshya Adhiniyam, 2023 – Electronic records as evidence.
- Rule 9(5), Consumer Protection (E-commerce) Rules, 2020 – Unfair trade practices by marketplaces.
- Section 43A & 66, Information Technology Act, 2000 – Failure to protect data and dishonest acts.
- Procedural recourse under Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) for registration and investigation of cyber offences.
If you are the complainant
- Draft a complaint narrating chronology: wallet top-up, order ID, cancellation time, and loss incurred.
- Attach payment receipts from bank or UPI, screenshots of e-mails, and chat logs with customer care.
- File the complaint before the District Consumer Commission for refund, compensation, and litigation cost.
- For criminal angle, approach the Cyber Cell with a printout of digital evidence and seek an FIR under BNS sections.
- 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
- Immediately back up your phone data to ensure chat records remain intact.
- Notify your card-issuing bank or UPI app about possible misuse and seek a charge-back, if applicable.
- Draft a grievance e-mail to the company’s Grievance Officer under the IT Act with a 48-hour deadline.
- 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
- Cyber Police Stations often insist on prima facie evidence before registering an FIR; carry all documents in hard copy.
- They may attempt to convert the matter into a civil dispute—cite the relevant BNS sections to show criminality.
- Under BNSS, police must register the FIR immediately if a cognisable offence is disclosed; push for acknowledgment in writing.
- Follow up every week; seek a status report under Section 193 BNSS if investigation stalls.
FAQs people normally have
- Can I approach both Consumer Commission and police? – Yes, civil and criminal remedies can run simultaneously.
- Is an e-gift card treated as money? – For legal purposes, it is a valuable security; unlawful withholding amounts to breach of trust.
- Will the court accept screenshots? – Certified electronic records under the Sakshya Adhiniyam are admissible.

What evidence is required?
- Bank statement showing purchase of the e-card and debit entries.
- In-app wallet history with time stamps.
- E-mails, SMS, and push notifications acknowledging the order and its cancellation.
- Recorded phone calls (with consent) made to customer support.
- A screenshot of the suspended-account notice.
How long will the investigation take?
- Cyber offences are triable within six months under the summary procedure in BNSS, but extensions are routine.
- Consumer Commission aims for 90-day disposal once notices are served, yet practical timelines vary from 6-12 months.
- Settlement through mediation can conclude the matter in 30-45 days if both sides agree.
Advocate Sudhir Rao, Supreme Court of India
