Police Station Call for Refund Harassment? Know Your Rights

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.

TL;DR: A police station call for a civil refund dispute is often a misuse of the system. The police cannot force you to appear or pay for a simple contractual disagreement. You have the right to seek legal counsel, request a written complaint, and challenge any harassment. Do not ignore police calls, but do not attend without understanding the basis of the complaint.

One of my clients recently had a case which I am explaining below and if you are in a 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.

Rahul Sharma worked as a coordinator for an event management firm in Pune. He wasn't a direct employee but brought in decorator vendors for clients. In early March 2025, a customer from Indore booked a wedding decoration package through the company's website. Rahul called the customer around 9 PM on 12 March to confirm details — two or three times. The customer didn't pick up.

Next morning at 7 AM, the customer started calling Rahul repeatedly. Then the harassment began — calls to the vendors too. The customer demanded a full refund, even though no order was ever placed or payment made. Rahul told them to contact the company directly. By 10:30 AM, Rahul's phone showed a call from a police station in Indore — the number checked out on Truecaller.

Rahul's first instinct was to panic. But he didn't go to the station. Instead, he approached the Chamber of Advocate Sudhir Rao, Supreme Court of India. The office immediately recognized this as a civil dispute being dressed up as a criminal complaint — a tactic often used to pressure service providers. Advocate Sudhir Rao and his office advised Rahul not to appear without a formal written complaint being shared. A legal notice was sent to the customer and a copy to the Station House Officer, explaining the lack of any contractual breach or criminal intent. The police soon backed off, closing the matter as a misunderstanding. Advocate Sudhir Rao's domain expertise in handling abuse of process cases helped secure this outcome without any court proceedings.

Key Facts of the Case

• Rahul Sharma worked as a coordinator, not a direct employee of the event company.
• The customer never placed an order or made any payment — the dispute was over a refund for a non-existent transaction.
• The customer called Rahul repeatedly and reported him to the police station in Indore.
• No FIR was registered — only a phone call from the police station was made to Rahul.
• The police call was based solely on the customer's oral complaint, not on any written document or FIR.
• Advocate Sudhir Rao's office sent a legal notice clarifying the facts, leading to the police dropping the matter.
• The case was resolved without Rahul ever visiting the police station.

The Direct Legal Answer

Your friend's situation is not uncommon. Here's what the law says:

Can the police call me for a refund dispute?

Technically, the police can call anyone for preliminary inquiry under Section 173 BNSS. But a simple refund dispute — where no order was placed and no payment made — is a civil matter, not a criminal offence. The police have no authority to compel attendance or demand payment in such cases.

What if the customer files a false complaint?

If a false complaint is filed, sections like 318 BNS (criminal intimidation) and 350 BNS (false information to public servant) may apply against the complainant. Your friend can also file a counter-complaint for harassment.

Do I have to go to the police station?

No. You have the right to ask for a written copy of the complaint first. Never attend a police station without a lawyer if the matter appears to be a misuse of process.

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.

Immediately stop communicating directly with the customer. All correspondence should go through your lawyer. Save call logs, Truecaller screenshots, and any messages. Do not respond to police calls without first establishing whether an FIR exists. This type of matter — where a civil dispute is weaponized through a police station call — requires an advocate who understands the procedural nuances of filing complaints or quashing proceedings. General practitioners often miss these moves.

Applicable Sections of Law

Since no criminal offence was committed, the main sections here relate to misuse of the police system. Under the Bharatiya Nyaya Sanhita, 2023, Section 350 BNS deals with giving false information to a public servant to cause injury. Section 318 BNS covers criminal intimidation — threatening someone with harm to reputation or property. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 173 gives police power to conduct preliminary inquiries, but that doesn't mean they can force you into a refund. Civil remedies are available under the Indian Contract Act, 1872 for misrepresentation or breach, though none applied here.

Punishment and Penalties

For false information (Section 350 BNS): Imprisonment up to one year, or fine, or both. The offence is non-cognizable and bailable. For criminal intimidation (Section 318 BNS): Imprisonment up to two years, or fine, or both. It is non-cognizable and bailable. Both are compoundable — meaning the parties can settle. The complainant in this case could face these penalties if a counter-complaint is filed and proven.

Jurisdiction — Where to File the Case

For criminal matters, the complaint or counter-complaint must be filed at the police station within whose territorial jurisdiction the alleged incident occurred — here, Indore, where the police station is located. For civil recovery or defamation suits, the appropriate court is either the civil court (Junior Division or Senior Division) depending on the amount, or the consumer forum if a consumer dispute is involved. Jurisdiction matters because the wrong forum can get your case dismissed on technical grounds.

What if Police Refuse to File FIR?

If you are the victim of harassment (like Rahul) and the police refuse to act on your counter-complaint, you have options:

• Approach the Superintendent of Police under Section 173(4) BNSS with a written complaint.
• File a private complaint before the jurisdictional Magistrate under Section 175(3) BNSS.
• As a last resort, approach the High Court by filing a writ petition (Article 226) for directions to register an FIR.
• Keep all evidence of the police refusal — date, time, name of officer, and reason given.

Rights of the Accused

If an FIR is registered against your friend, he has fundamental rights:

• Right to remain silent — under Article 20(3) of the Constitution, no one can be compelled to be a witness against themselves.
• Right to legal representation — under Article 22(1), he must be informed of the grounds of arrest and allowed to consult a lawyer.
• Right to be produced before a Magistrate within 24 hours of arrest — Section 303 BNSS.
• Right to a copy of the FIR — under Section 173(2) BNSS.
• Right to know the grounds of arrest — under Article 22(1) and Section 53 BNSS.

Bail Provisions

Given that any offence under Section 318 or 350 BNS is bailable, bail is a matter of right, not discretion. The accused can apply for bail before the Magistrate's court under Section 480 BNSS. Anticipatory bail under Section 482 BNSS is also available if there is a reasonable apprehension of arrest. Since these offences carry less than three years of imprisonment, police can grant bail at the station itself. A bail strategy typically involves showing the court that the dispute is civil in nature.

Quashing of FIR / Case

If an FIR is registered, your friend can file a petition for quashing before the High Court under Section 528 BNSS (inherent powers). Grounds for quashing include: the dispute is purely civil in nature, no prima facie criminal offence is made out, or the FIR is an abuse of the process of law. For compoundable offences like these, quashing is also possible if the parties settle. This is often the quickest way to close the matter.

If You Are the Victim

• Do not ignore police calls — but do not attend without a lawyer.
• Ask for a written copy of the complaint before any appearance.
• Document every call — save call logs, screenshots, and recordings (if legal).
• File a counter-complaint for harassment if the police station call was baseless.
• Preserve evidence of the customer's harassment — repeated calls, threats, or abusive language.

Documents You Must Keep Ready

• Identity proof — Aadhaar, PAN, or Voter ID.
• Call logs and screenshots of Truecaller showing police station number.
• Any messages or emails from the customer demanding a refund.
• Your own call records showing you called only to coordinate.
• Written statement of facts prepared with your lawyer.
• Any proof that no payment was made (e.g., bank statement showing no transaction).
• Company website or order confirmation (if any) showing the customer's order status.

What Evidence Is Required?

• Call detail records (CDR) from your mobile provider — showing incoming and outgoing calls.
• Truecaller screenshot showing the police station number.
• Any written or oral statement from the customer demanding a refund.
• Your own phone logs and messages — primary evidence.
• If available, a witness who heard the harassment calls.
• Bank records showing no payment — secondary but strong evidence.

How the Police Behave in Such Cases

Police stations often receive calls from citizens about refund disputes. Without a formal FIR, the police may call the other party for "mediation" or to "settle the matter." This is not an authorized power — it's informal pressure. Officers may side with the caller if he is persistent or emotional. However, unless a cognizable offence is made out, the police cannot force you to pay. Experienced lawyers know to ask: "Is there a written complaint? Under which section?" That usually ends the informal pressure.

Timeline of Legal Process

• Day 1–3: Customer files oral complaint; police call you. You consult a lawyer.
• Week 1: Lawyer sends legal notice to customer and police, clarifying facts. Police may close the matter.
• Week 2–3: If FIR is registered, you file a quashing petition or counter-complaint. Court hearing within 2–4 weeks.
• Month 2–6: Quashing petition decided. If not, trial may take 6–12 months for bailable offences.
• Month 12–18: Appeal if required. Most cases of this nature are resolved early if handled correctly.

How Long Will the Investigation Take?

For bailable, non-cognizable offences like these, the police investigation is minimal. If a complaint is registered, the investigating officer may take 30–60 days to file a final report (closure or chargesheet). In practice, since the matter is civil in nature, the police often close it as "mistake of fact" within a few days if no criminal intent is shown.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

Yes — and this is often the best route. Since no payment was made, a simple explanation to the customer (through a lawyer's letter) can resolve the misunderstanding. Under Section 89 CPC, courts can refer matters to mediation or Lok Adalat. For criminal cases, bailable and compoundable offences like criminal intimidation can be settled between parties, and the case can be quashed by the High Court. Settlement avoids time and costs, provided both sides act in good faith.

Common Mistakes People Make

• Ignoring the police call — this can escalate into arrest. Respond, but do it properly.
• Going to the police station alone without a lawyer — you may be pressured into admitting liability.
• Apologizing or offering to pay — this can be used as evidence against you in a civil suit.
• Posting about the dispute on social media — it can prejudice your case and invite defamation claims.
• Engaging a lawyer who doesn't regularly handle criminal or abuse-of-process cases — such cases require knowledge of how to file a counter-complaint, seek quashing, or stop police harassment early. A general practitioner may not know these steps, wasting time and money.

FAQs People Normally Have

Can the police force me to give a refund?

No. The police have no legal authority to compel a civil refund. That is a matter for civil court or consumer forum. If they pressure you, document it and inform your lawyer.

What if the customer files a false FIR?

You can file a cross-case under Section 350 BNS (false information) and seek quashing of the FIR. The High Court can also award costs against the complainant for abusing the legal process.

Do I need to appear at the police station if they call?

Not without first knowing the basis. Ask for a copy of the complaint. If an FIR is registered, you may need to appear, but always with a lawyer. If no FIR exists, you can refuse and seek legal recourse.

Can this affect my job or reputation?

If no FIR is registered, there is no public record. If an FIR is registered, it stays on police records. That's why it's important to get it quashed quickly. A lawyer can help minimize reputational damage.

How do I prove the customer is harassing me?

Save call logs, Truecaller screenshots, and any messages. If calls are abusive, record them (if legally permissible in your state). File a written complaint with the police if harassment continues.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India

Facing a similar matter? Speak to a criminal advocate in Delhi — 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.