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 purchased a product worth Rs. 25,000 from an online seller Mr. Y through a social media platform using digital payment. The product arrived severely defective, but Mr. Y refused to provide refund or accept return, offering only repair services. When Mr. X filed a cyber crime complaint, the cyber police froze Mr. Y’s bank account. Subsequently, the investigating officer contacted Mr. X suggesting a compromise settlement, warning that Mr. Y might file counter-cases and that unfreezing procedures could become complicated. Mr. X was confused whether to accept the police-suggested compromise or pursue the legal case further. The police officer indicated that continuing with formal prosecution might lead to prolonged litigation while a settlement could provide immediate relief.

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.

• Do not accept police-suggested compromise without legal consultation as it may prejudice your consumer rights
• Document all communications with police and seller before making any decision
• Evaluate if the compromise amount covers your actual losses and future remedy rights

Applicable Sections of Law

This case involves multiple legal provisions under BNS and BNSS. Section 318 of BNS deals with cheating, while Section 319 covers cheating by personation. Online fraud cases also fall under Section 66D of the Information Technology Act. Under BNSS, Section 173 governs police investigation procedures, and Section 320 deals with compounding of offences. The Consumer Protection Act 2019 also provides parallel remedies for defective goods and deficient services. These provisions work together to protect consumers from online fraud and ensure proper investigation procedures.

If You Are the Complainant

• Request complete details of the investigation and current status of the frozen account
• Demand transparency about why police are pushing for compromise instead of completing investigation
• Insist on getting your consumer rights protected under Consumer Protection Act alongside criminal proceedings
• Ask for written assurance that accepting compromise won’t bar future civil remedies
• Verify if the seller has multiple similar complaints before agreeing to any settlement

If You Are the Victim

• Preserve all transaction records, chat histories, and delivery documentation as primary evidence
• File complaint with consumer forum parallel to criminal case for comprehensive remedy
• Do not accept partial refund if it doesn’t cover your complete loss including time and effort
• Insist on receiving original product value plus compensation for harassment and legal costs
• Maintain detailed records of all police interactions and any pressure tactics used for compromise

How the Police Behave in Such Cases

Cyber police often prefer quick settlements to reduce their caseload and show disposal statistics. They may present compromise as the easiest solution, sometimes exaggerating potential complications of formal prosecution. Officers might warn about counter-cases or lengthy procedures to encourage settlement. However, this approach may not always serve justice or victim’s best interests, especially when the seller has a pattern of fraudulent behavior.

FAQs People Normally Have

Q: Should I trust police suggestion for compromise?
Police suggestions should be evaluated with legal advice, not accepted blindly.

Q: Will accepting compromise affect my consumer court case?
It might, depending on the compromise terms and wording used in settlement.

Q: Can the seller really file reverse cases?
While possible, frivolous counter-cases can be defended if your complaint is genuine.

Q: How long does account unfreezing take normally?
Usually 2-4 weeks after investigation completion or court orders.

What Evidence Is Required?

• Transaction screenshots and bank statements showing payment made
• Chat conversations with seller showing refusal to refund
• Photos and videos of defective product received
• Delivery receipts and packaging evidence
• Seller’s social media profile and advertisement screenshots
• Any audio recordings of phone conversations with seller
• Witness statements if anyone saw the defective product

How Long Will the Investigation Take?

Cyber crime investigations typically take 3-6 months for completion. However, when account freezing is involved, police may expedite the process to 6-8 weeks. The timeline can extend if technical evidence analysis is required or if the case involves multiple jurisdictions. Settlement discussions may happen within 2-4 weeks of account freezing.

Advocate Sudhir Rao, Supreme Court of India