If you are stuck in such a situation, here is what to do.

A young student, Priya, was excited to surprise her parents with a custom family portrait. She found an Instagram page, “Pixel Perfect Portraits,” that seemed to do excellent work. In early March, she contacted the seller, Mr. Verma, and placed an order for a framed portrait, paying ₹2,000 in advance. Mr. Verma promised to share a digital proof in three to four days and deliver the final framed product within a week.

A week later, Priya messaged for an update. Mr. Verma claimed he would send the design that very day, but he never did. Over the next few weeks, Priya’s polite inquiries were met with a series of excuses. First, the portrait was in the “finishing stages.” Then, when she messaged again, he became hostile and told her not to disturb him. A few days later, he promised immediate delivery, but nothing arrived.

By May, two months had passed. Priya messaged again, and this time Mr. Verma promised to either finalize the work or issue a full refund. Weeks turned into another month with no portrait and no refund. When Priya threatened to take legal action in late June, the seller claimed he was hospitalized and would refund the money as soon as possible. He was given a final deadline, but the date passed with no payment. Now, several months have gone by, and Priya, a student, has lost her money and has no gift to show for it.

Advice in such cases

If you find yourself in a similar situation, it is crucial to act systematically to recover your money and hold the scammer accountable.

• Gather Evidence: Compile all communication, including chat screenshots, the seller’s profile details, and any advertisements.
• Document Payment: Keep a clear record of the payment, such as the transaction ID, bank statement, or UPI confirmation.
• Send a Formal Notice: A legal notice sent through an advocate can often pressure the seller into resolving the matter.
• File a Complaint: Use official channels like the National Cyber Crime Reporting Portal and the Consumer Dispute Redressal Forum.
• 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.

Applicable Sections of Law

Several laws in India can be invoked in such cases of online fraud:

• Bharatiya Nyaya Sanhita, 2023 (BNS): Section 318 of the BNS, which deals with cheating, is directly applicable. If a person dishonestly induces you to deliver any property (in this case, money) by deceiving you, they can be prosecuted under this section.
• Information Technology Act, 2000: Section 66D of the IT Act addresses punishment for cheating by personation by using computer resources. Since the fraud was committed using a social media platform, this section can be applied.
• Consumer Protection Act, 2019: As a consumer who paid for a service/good that was not delivered, you have the right to file a complaint against the seller for deficiency in service and unfair trade practices.

If you are the complainant

As the person who has been cheated, you are the complainant. Here are the steps you should take:

• Preserve all digital evidence immediately. Do not delete any chats, even if the seller blocks you. Take screenshots of their profile page and all conversations.
• File a complaint on the National Cyber Crime Reporting Portal (cybercrime.gov.in). This is the official portal for reporting all types of cyber fraud.
• Simultaneously, you can file a complaint with the Consumer Forum online through the e-Daakhil portal. This process is designed to be user-friendly and does not always require a lawyer for smaller claims.
• 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

As the victim of the scam, your immediate actions can help mitigate the situation and aid in the investigation.

• Report the profile to the social media platform (e.g., Instagram, Facebook) for fraudulent activity. This can get their account suspended and prevent them from scamming others.
• If you have shared any sensitive financial information beyond the payment, contact your bank immediately to secure your accounts.
• Consider sharing your experience (without revealing personal details) in online consumer complaint forums to warn other potential buyers.
• 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

When you approach the police for such online scams, especially involving smaller amounts, their initial reaction might be dismissive. They may suggest it is a civil dispute. However, with the rise of cybercrime, dedicated cyber cells are now more active. If you file a complaint through the National Cyber Crime Reporting Portal, it will be officially forwarded to the relevant police station. Persistence is key. Provide them with a well-documented complaint, and they are obligated to investigate under the IT Act and the BNS. They have the tools to trace the digital footprint of the scammer, including IP addresses and bank account details linked to the UPI ID.

FAQs people normally have

Here are some common questions that arise in these situations:

What evidence is required?

The more evidence you have, the stronger your case will be. Essential evidence includes:

• Screenshots of the seller’s social media profile, including their username, posts, and any contact information listed.
• Complete, unedited screenshots of your conversation with the seller from beginning to end.
• Proof of payment: A bank statement highlighting the transaction, a screenshot of the UPI payment confirmation showing the transaction ID, and the recipient’s details.
• A written timeline of events, detailing each interaction and broken promise.

How long will the investigation take?

The duration varies. A consumer court case is often faster and is designed for quicker resolution, typically taking a few months to a year. A police investigation under the BNS and IT Act can be more prolonged. The police need to trace the individual, who may be using fake profiles and multiple bank accounts, which can be time-consuming. However, filing the complaint is the first and most important step toward justice.

Advocate Sudhir Rao, Supreme Court of India