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.

Mr.X contacted me after falling victim to an online marketplace fraud. He had purchased a bar-end mirror for his motorcycle from Mr.Y through X.marketplace for Rs. 4,340. The seller assured him it was an original product and even promised a return policy if there were any issues. Mr.X had the seller’s Aadhaar details and vehicle registration number, which initially gave him confidence in the transaction. However, upon receiving the product, Mr.X discovered it was a counterfeit item. When he tried to contact Mr.Y for a return, he found himself blocked on all social media platforms, and the seller had made his accounts private, effectively disappearing after the fraudulent sale.

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 including screenshots, payment receipts, and communication records
• File a cybercrime complaint online through the National Cybercrime Reporting Portal
• Lodge an FIR at the local police station under relevant fraud provisions

Applicable Sections of Law

This case involves multiple legal provisions under the Bharatiya Nyaya Sanhita (BNS):

• Section 318 BNS – Cheating and dishonestly inducing delivery of property
• Section 319 BNS – Cheating by personation
• Section 356 BNS – Defamation in digital/electronic form
• Section 66D of Information Technology Act – Cheating by personation using computer resource

Under BNSS, investigation procedures under Section 173 for cognizable offences apply, along with provisions for digital evidence collection.

If You Are the Complainant

• File an online complaint through the National Cybercrime Reporting Portal within 24-48 hours
• Approach the local police station with all evidence and demand an FIR under BNS fraud provisions
• Gather seller’s details including Aadhaar number, phone number, bank account details, and vehicle registration
• Preserve payment transaction records, screenshots of product listings, and all communications
• File a consumer complaint if the transaction amount exceeds Rs. 1 lakh at District Consumer Forum

If You Are the Victim

• Document everything – take photos of the fake product alongside any original product specifications
• Report the seller’s profile to the marketplace platform for immediate action
• Contact your bank to report fraudulent transaction and explore chargeback options
• Join online consumer forums to warn other potential victims about the seller
• Maintain a detailed timeline of all events and communications for legal proceedings

How the Police Behave in Such Cases

Police typically treat online marketplace fraud as a cybercrime matter. They may initially direct you to file online complaints through the cybercrime portal. Local police stations sometimes show reluctance in registering FIRs for cross-jurisdictional online frauds. However, with proper legal representation and evidence, they are compelled to register the complaint. Cybercrime cells are generally more equipped to handle such cases and can coordinate with multiple agencies for investigation.

FAQs People Normally Have

Can I get my money back? Recovery depends on the seller’s financial status and cooperation during investigation. Courts can order restitution upon conviction.

What if the seller is in another state? Cybercrime provisions allow cross-jurisdictional investigation. You can file complaint in your local jurisdiction.

How long does it take? Investigation typically takes 6-12 months, while court proceedings may extend 2-3 years.

Can the marketplace be held liable? Platforms have limited liability but can be compelled to provide seller details and cooperate in investigations.

What Evidence Is Required?

• Screenshots of original product listing and seller’s profile
• Payment transaction records and bank statements
• All communication records including chat messages and call logs
• Photos of received fake product with clear quality differences
• Seller’s identification documents like Aadhaar, vehicle registration
• Expert opinion on product authenticity if required
• IP address tracking records from the platform

How Long Will the Investigation Take?

Cybercrime investigations typically require 6-12 months for completion. The timeline depends on the seller’s cooperation, cross-state coordination requirements, and digital forensics analysis. If the seller contests the charges, court proceedings may extend the process to 2-3 years. However, immediate action on freezing accounts and preserving evidence can expedite the process.

Advocate Sudhir Rao, Supreme Court of India