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.
Rohan Gupta, a resident of Gomti Nagar, Lucknow, listed his graphics card for sale on a popular online classifieds platform around 2 May 2025. A buyer named Feroz Khan, apparently based in Bhopal, contacted him and agreed to purchase the card at the listed price of Rs. 35,000. Feroz insisted the shipment be sent through Blue Dart courier and said he would confirm payment once the tracking portal showed the shipment as "accepted." Rohan, believing this to be a reasonable condition, dispatched the package accordingly.
Payment never came. Rohan immediately raised a cancellation request with Blue Dart on the same day — 2 May 2025 — and followed up repeatedly. Despite the cancellation being logged, the courier was delivered to the destination address a few days later. Feroz then flatly denied receiving anything. Rohan was left with no product, no payment, and a courier company that had processed the delivery despite an active cancellation. He'd already tried contacting Blue Dart's customer care and sending messages to Feroz. Both went nowhere.
That's when Rohan approached Advocate Sudhir Rao's office. Having handled several matters at this intersection of online marketplace fraud and consumer grievances against courier companies, the office was able to map out a dual-track strategy: a criminal complaint against the buyer for cheating under the Bharatiya Nyaya Sanhita, and a consumer complaint against the courier service for deficiency of service. The structured approach, including preservation of digital evidence and a precisely drafted legal notice, led to a meaningful response from both fronts within weeks — something Rohan hadn't been able to achieve on his own in the preceding days.
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.
Preserve all digital evidence immediately. Screenshot every chat message, the courier tracking page showing your cancellation request, payment records or the absence of them, and the buyer's contact details. Don't delete anything — even a forwarded message can become relevant later. Frankly, I've seen cases fall apart simply because the complainant cleaned up their phone before meeting a lawyer.
Send a formal legal notice: Before filing any complaint, a well-drafted legal notice to both the buyer and the courier company creates a documented demand and often triggers a response. Your advocate will handle this.
File complaints on the right platforms simultaneously. Cases like this sit at the junction of criminal fraud and consumer deficiency. Advocates who regularly handle online fraud and consumer disputes understand the procedural overlaps and evidentiary standards that a general practitioner may not be fully familiar with — and that difference frequently determines how fast relief is obtained. Now, before you act, get that legal notice out first. It sets the tone.
Applicable Sections of Law
This case involves a mixed legal situation: a criminal complaint against the buyer for online fraud and cheating, and a civil/consumer complaint against the courier company for deficiency of service. The following provisions are applicable:
- Section 318 BNS (Cheating): The buyer's conduct — inducing dispatch of goods on a false promise of payment — squarely constitutes cheating.
- Section 319 BNS (Cheating by personation): If the buyer provided a false identity or address, this section is additionally attracted.
- Section 61 of the Consumer Protection Act, 2019: The courier company's failure to honour a valid cancellation request and proceeding to deliver constitutes a deficiency in service.
- Section 2(11) of the Consumer Protection Act, 2019: Defines "deficiency" broadly and covers negligent or wilful disregard of consumer instructions by a service provider.
Punishment and Penalties
- Section 318 BNS — Cheating: Imprisonment of up to three years, or fine, or both. If the cheating involves delivery of property, the punishment may extend to seven years with fine.
- Cognizable or Non-Cognizable: Cheating (Section 318 BNS) is a cognizable offence — police can arrest without a warrant.
- Bailable: Yes, for basic cheating. Non-bailable where the value involved and aggravating factors warrant it.
- Compoundable: Section 318 BNS is compoundable with the permission of the court — meaning it can be settled between parties, but court sanction is needed.
- Fine amounts are at the court's discretion and are typically commensurate with the loss caused.
Jurisdiction — Where to File the Case
For the criminal complaint against the buyer, the FIR can be filed at the police station in Lucknow having territorial jurisdiction over the place where the fraud was perpetrated — that is, where Rohan was located when the cheating occurred. Under Section 180 BNSS, offences involving electronic communication can also be tried where the message was received. And here's the thing — most complainants don't realise they don't have to chase the accused to his city.
For the consumer complaint against the courier company, it's filed before the District Consumer Disputes Redressal Commission at Lucknow, since the value involved (Rs. 35,000) falls well within the pecuniary limit of the District Commission under the Consumer Protection Act, 2019. Getting jurisdiction right from the start avoids procedural objections that can delay proceedings significantly.
What if Police Refuse to File FIR?
In online fraud cases, local police sometimes hesitate, especially when the accused is in a different city. Don't let that stop you. Here's what you can do:
- Submit a written complaint to the Superintendent of Police (SP) under Section 173(4) BNSS, who is empowered to direct registration of the FIR.
- File a private complaint before the competent Judicial Magistrate under Section 175(3) BNSS — the Magistrate can take cognizance and direct police investigation.
- Report the fraud on the National Cybercrime Reporting Portal (cybercrime.gov.in) — online fraud falls within cyber crime jurisdiction and is actively investigated by dedicated cyber cells.
- As a last resort, approach the High Court under its writ jurisdiction for a direction to register the FIR, as affirmed by the Supreme Court in Lalita Kumari v. Government of UP, 2014 — registration of FIR is mandatory when a cognizable offence is disclosed.
Rights of the Accused
Even in a fraud case, the accused retains constitutionally protected rights. These include:
- Right against self-incrimination under Article 20(3) of the Constitution — no person accused of an offence can be compelled to be a witness against themselves.
- Right to legal representation under Article 22 of the Constitution — the accused is entitled to consult and be defended by an advocate of their choice.
- Right to be produced before a Magistrate within 24 hours of arrest under Article 22(2) and Section 57 BNSS.
- Right to know grounds of arrest and to receive a copy of the FIR under Section 173(2) BNSS.
- The accused can't be subjected to custodial interrogation without following the procedural safeguards laid down in D.K. Basu v. State of West Bengal, 1997.
Bail Provisions
Section 318 BNS (basic cheating) is a bailable offence, meaning the accused can seek bail as of right from the police station itself. Where the cheating is aggravated — involving higher amounts or organised conduct — it becomes non-bailable and bail must be sought from a Magistrate or Sessions Court.
- Anticipatory bail may be sought under Section 482 BNSS if the accused apprehends arrest.
- Regular bail is governed by Section 480 BNSS (Magistrate) and Section 483 BNSS (Sessions Court).
- Typical bail conditions include surrender of passport, reporting to the police station periodically, and not contacting the complainant.
- Courts consider the gravity of the offence, prior record, and likelihood of flight when deciding bail in online fraud matters.
Quashing of FIR / Case
The accused in such matters sometimes approach the High Court seeking quashing of the FIR under Section 528 BNSS, which preserves the High Court's inherent powers. Quashing is considered where:
- The FIR does not disclose any prima facie cognizable offence.
- The matter is purely civil (e.g., a commercial dispute without dishonest intent from inception).
- The parties have arrived at a genuine settlement in a compoundable offence — as discussed in Gian Singh v. State of Punjab, 2012.
- Continuing the prosecution would amount to an abuse of the process of court.
Make no mistake — courts scrutinise quashing petitions carefully where the allegation is deliberate online fraud. Quashing is not a routine exit route.
If You Are the Victim
- Immediately preserve all evidence — screenshots of chats, tracking page showing cancellation, emails, payment records showing non-receipt of funds, and any address details provided by the buyer.
- Don't confront the buyer on the phone or in writing without legal advice — anything you say can be used to complicate your own complaint.
- File an online cyber fraud complaint at cybercrime.gov.in and note your complaint reference number.
- Send a formal legal notice to both the buyer and the courier company through your advocate before or alongside filing complaints.
- File a consumer complaint before the District Commission against the courier company for delivering despite a valid cancellation request — this is a straightforward deficiency of service claim.
Documents You Must Keep Ready
- Aadhaar card and PAN card (identity proof for complainant)
- Screenshot of the online listing with the agreed price
- All chat records with the buyer (WhatsApp, platform messages, SMS)
- Courier booking receipt and airway bill number
- Screenshot of the cancellation request submitted, with timestamp
- Courier tracking page showing both the cancellation and the subsequent delivery
- Bank statement or UPI history confirming no payment was received
- Any address or contact detail provided by the buyer at the time of sale
What Evidence Is Required?
- Digital chat records — primary evidence of the buyer's representation and failure to pay; preserve in original form, not just photos of a screen.
- Courier tracking data — shows the cancellation request timestamp against the delivery timestamp; this is critical against the courier company.
- Cancellation confirmation — any email, SMS, or portal acknowledgement from the courier confirming the cancellation request was received.
- Bank and UPI records — establish non-payment, forming the core of the cheating allegation.
- Delivery confirmation record — the courier's own record showing the package was delivered, contradicting the buyer's denial.
- Electronic device — the phone or laptop used for communication may need to be produced or imaged if required by investigating authorities.
How the Police Behave in Such Cases
Tepid. That's often the one-word answer. Online marketplace fraud cases, especially where parties are in different cities, frequently get a lukewarm initial response from local police. Officers may suggest this is a "civil matter" or redirect you to a cyber cell. And here's the thing — cyber cells do handle these complaints actively, but their workload is heavy and follow-up by the complainant is essential. Expect delays in early investigation. Police will verify the courier records, contact the delivery executive, and attempt to trace the buyer's address. Providing a well-organised complaint with all documentary evidence upfront significantly accelerates this process.
Timeline of Legal Process
- Week 1-2: Legal notice sent to buyer and courier company; cybercrime portal complaint filed.
- Week 2-4: FIR registered at local police station or cyber cell (depending on police cooperation).
- Month 1-3: Police investigation — verification of courier records, buyer's address, and digital trail.
- Month 3-6: Chargesheet filed before Magistrate if investigation is completed; cognizance taken.
- Month 6-12: Framing of charges; trial commences.
- Parallel — Month 1-2: Consumer complaint filed before District Commission; notice issued to courier company.
- Month 3-9 (Consumer Forum): Written statement by courier company; evidence; arguments; order — District Commission proceedings are generally faster than criminal trial.
- Criminal trial to judgment: 1 to 3 years in typical cases, depending on court docket and cooperation of parties.
How Long Will the Investigation Take?
For online fraud matters of this nature, police investigation typically takes between 60 and 90 days for a chargesheet to be filed, assuming the accused is traceable and evidence
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a Delhi criminal defence lawyer — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.