Scammed by an Instagram Brand? Here Is What You Can Do Under Indian Consumer and Criminal Law

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, came across an attractive advertisement on Instagram in early March 2025. The ad was promoting a home décor brand operating through a Shopify-style storefront. The brand looked credible, had polished product images, and even claimed to offer express delivery. Rohan placed an order worth approximately Rs. 3,200 and paid via a UPI-linked wallet connected to his Bajaj Finserv account.

What arrived roughly ten days later was entirely different from what was shown. A cheap, unbranded substitute. Clearly not what was advertised or invoiced. Rohan immediately wrote to the support email listed on the website. One week passed. Then another. Not a single reply came. He searched the site for a phone number or live chat. There was none.

Frustrated and feeling trapped, Rohan tried disputing the charge with his payment provider on his own. That effort stalled. A friend then referred him to Advocate Sudhir Rao, and the approach changed immediately. His matter was assessed across two legal tracks — consumer protection and criminal fraud — and a structured escalation was initiated. Within a few weeks, a formal complaint was filed before the District Consumer Disputes Redressal Commission in Lucknow, and a concurrent cybercrime complaint was lodged. The matter moved forward, and Rohan received a refund along with compensation for harassment.

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 evidence immediately. Screenshot the Instagram advertisement, the brand's website or storefront, every email you sent, order confirmation, payment receipt, and photographs of the product you actually received. Don't delete anything. Courts and consumer forums treat documentary evidence as the backbone of such complaints, and you'll regret it if something disappears before proceedings begin.

Initiate a chargeback and file a cybercrime complaint in parallel. Report the matter on the National Cybercrime Reporting Portal (cybercrime.gov.in) and simultaneously raise a chargeback or dispute with your bank or payment platform. These two steps often compel a response where silence had prevailed before. And here's the thing, sellers who won't reply to a customer email tend to find their voice fairly quickly once a formal complaint number exists.

This type of matter, where online fraud intersects with consumer protection, involves procedural and evidentiary strategies that a general practitioner may not be fully familiar with. An advocate who regularly handles consumer fraud and cybercrime complaints is better placed to assess which forum gives the fastest relief, how to structure evidence, and how to prevent the seller from simply shutting the storefront and disappearing.

Applicable Sections of Law

This matter is mixed in nature. It has both a consumer law dimension and a criminal dimension. The applicable provisions are:

• Section 318 BNS (Cheating): Whoever deceives a person to deliver property or to suffer loss falls under this provision, which directly applies when a seller ships a substitute product after collecting payment.
• Section 319 BNS (Cheating by Personation): Relevant where the brand impersonates a legitimate seller or misrepresents product identity.
• Consumer Protection Act, 2019 — Section 2(9) read with Section 35: Defines "deficiency in service" and "unfair trade practice," and gives the consumer the right to file a complaint before the appropriate District, State, or National Commission.
• Information Technology Act, 2000 — Section 66C and 66D: Applicable where the fraud is facilitated through an electronic platform or involves impersonation using digital communication.

Punishment and Penalties

Under Section 318 BNS, the punishment for cheating is imprisonment of up to three years, a fine, or both. Where the cheating involves delivery of property, the same section applies with the same range. Under Section 319 BNS, punishment extends up to five years of imprisonment with fine. These offences are cognizable and non-bailable in cases where the value involved is significant or where there is a pattern of fraud. They are non-compoundable without court permission. The Information Technology Act provisions carry additional fines ranging from Rs. 1 lakh to Rs. 3 lakh depending on the specific subsection.

Frankly, many accused persons underestimate how seriously courts treat repeat digital fraud. The "it's just a small online order" defence doesn't hold up when there's a pattern.

Jurisdiction — Where to File the Case

For consumer complaints, jurisdiction lies with the District Consumer Disputes Redressal Commission if the value of goods and compensation claimed is up to Rs. 50 lakh, which covers most Instagram scam situations. The complaint is filed in the district where the buyer resides or where the transaction took place. For criminal complaints, the cybercrime police station of the victim's city has territorial jurisdiction, and complaints can also be filed online at cybercrime.gov.in. Jurisdiction matters here because choosing the wrong forum can delay your remedy by months. Now, before you act, confirm with your advocate which district commission has proper territorial jurisdiction — getting that wrong at the outset wastes time.

What if Police Refuse to File FIR?

• Approach the Superintendent of Police (SP) with a written complaint under Section 173(4) BNSS, requesting direction to register an FIR.
• File a private complaint directly before the concerned Judicial Magistrate under Section 175(3) BNSS.
• Approach the High Court by filing a writ petition under Article 226 of the Constitution, seeking a direction to the police to register the FIR.
• Retain copies of all communications with the police as evidence of refusal — this strengthens both the Magistrate complaint and the writ petition.

Rights of the Accused

• Right against self-incrimination under Article 20(3) of the Constitution — an accused cannot be compelled to be a witness against themselves.
• Right to legal representation under Article 22 — the accused must be allowed to consult and be defended by a lawyer 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 a copy of the FIR — established in Lalita Kumari v. Government of UP, 2014, which also mandates mandatory FIR registration for cognizable offences.
• Right to know the grounds of arrest at the time of arrest under Article 22(1).

Bail Provisions

Cheating under Section 318 BNS, where the value is small, may be treated as bailable in practice, though the statutory classification is non-bailable for the aggravated form. Where a person is arrested, regular bail can be sought under Section 480 BNSS before the Magistrate. Anticipatory bail under Section 482 BNSS is available before the Sessions Court or High Court if an arrest is apprehended. Typical bail conditions include submission of a surety, surrender of passport, and direction not to tamper with evidence or contact witnesses. Courts generally consider the financial quantum and criminal antecedents when deciding bail in fraud matters. And here's why that matters to victims too — an accused out on anticipatory bail with restrictive conditions is far less likely to simply vanish with the money.

Quashing of FIR / Case

If an FIR is registered and the accused believes it is frivolous or that the matter has been settled, quashing can be sought before the High Court under Section 528 BNSS, which preserves the inherent powers of the High Court. Grounds for quashing include absence of prima facie offence, abuse of the court's process, or where the offence is compoundable, a genuine and voluntary compromise between the parties. In State of Haryana v. Bhajan Lal, 1992, the Supreme Court laid down the categories under which FIRs can be quashed, and those principles continue to apply under BNSS. Make no mistake, quashing isn't a loophole for repeat offenders — courts scrutinise the facts carefully before granting such relief.

If You Are the Victim

• Immediately photograph or video-record the product you received alongside the order summary showing what you were supposed to receive.
• Send a formal legal notice to the seller's registered email and any address available on the storefront — this creates a paper trail that is admissible before the consumer forum.
• File a complaint on the National Consumer Helpline (1800-11-4000) as a quick first step — it sometimes prompts a response from errant sellers.
• Report the Instagram page and the storefront link to Instagram's fraud reporting mechanism and to the Ministry of Consumer Affairs' e-commerce grievance portal.
• Do not make public posts naming the seller while your legal proceedings are pending — it can complicate the matter and invite counter-claims.

Documents You Must Keep Ready

• Aadhaar card and PAN card (for identity proof before the consumer forum and police)
• Screenshots of the Instagram advertisement with timestamps
• Order confirmation email or screenshot from the storefront
• Payment receipt or UPI transaction reference number
• Bank or wallet statement showing the debit
• Photographs of the product received, including packaging and labels
• All emails or chat messages sent to the seller's support address
• Screenshot of the seller's website showing absence of any contact number or live chat

What Evidence Is Required?

• Primary evidence: The actual product received — retain it physically; do not discard or return it before legal proceedings conclude.
• Documentary evidence: Order invoice, payment confirmation, bank statement — these establish that a transaction took place and what was promised.
• Electronic evidence: Screenshots of the Instagram ad and storefront pages, saved under Section 65B of the Indian Evidence Act — make sure a proper certificate accompanies electronic records.
• Communication evidence: All unanswered emails to the seller — silence from the seller after notice is itself relevant conduct before the consumer forum.
• Comparative evidence: Side-by-side photos of the product advertised versus the product received — this is often the most persuasive exhibit in such cases.

How the Police Behave in Such Cases

Blunt truth. Online consumer fraud complaints — especially small-value ones from Shopify-type storefronts — are often met with initial reluctance at regular police stations. Officers may direct you to the cybercrime cell instead, or classify the matter as a "civil dispute." But cheating with dishonest intent is a cognizable criminal offence regardless of the platform, and that classification doesn't change just because the transaction happened on a phone screen. Cybercrime cells are generally better equipped and more receptive, but follow-through on investigation varies widely. Maintaining a paper trail of every interaction with the police is important, particularly if escalation to the SP or Magistrate becomes necessary.

Timeline of Legal Process

• Week 1-2: Send legal notice to seller; file complaint on National Consumer Helpline and cybercrime portal.
• Week 3-4: Engage advocate; file complaint before District Consumer Disputes Redressal Commission (consumer track) and/or FIR at cybercrime police station (criminal track).
• Month 2-3: Consumer Commission issues notice to opposite party; first hearing scheduled. Police investigation begins or SP approached if FIR refused.
• Month 3-6: Written statement filed by opposite party (if they appear); evidence stage at consumer forum. Chargesheet filed by police if investigation proceeds.
• Month 6-12: Arguments and final hearing before consumer forum. Consumer commissions are generally faster than civil courts — disposal within 3 to 5 months is possible in straightforward cases.
• Post-order: Execution proceedings if the seller fails to comply with the order; criminal trial continues on its own track.

How Long Will the Investigation Take?

For cybercrime complaints involving online shopping fraud, the investigation timeline typically ranges from 60 to 90 days in active cases, though smaller-value matters may take longer due to prioritisation. The BNSS mandates chargesheet filing within 60 days for non-bailable offences where the accused is in custody, and 90 days otherwise. In practice, digital forensic tracing of payment gateways and Shopify seller accounts can extend timelines. Consistent follow-up through your advocate is what keeps the investigation from going cold — don't assume the system will move on its own.

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.

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.