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 a seller on X.platform who was advertising a premium X.brand smartphone for Rs. 22,000. After extensive communication through messaging platforms, the seller convinced Mr. X to pay a nominal shipping charge of Rs. 250 upfront while promising cash-on-delivery for the actual amount. The seller even offered to make a video call before packing to show the original product. However, when the package arrived, it contained a dummy plastic phone instead of the genuine product. The seller had disappeared, and all contact numbers became unreachable. Mr. X realized he had fallen victim to a sophisticated online fraud where criminals use popular e-commerce platforms to deceive innocent buyers with fake products and advance payment schemes.

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 preserve all digital evidence including screenshots, chat histories, and payment receipts
• File a complaint with the cyber crime portal within 24 hours
• Block all payment methods used and inform your bank about the fraudulent transaction

Applicable Sections of Law

This case primarily involves online fraud and cheating. Under the Bharatiya Nyaya Sanhita (BNS), Section 318 deals with cheating and dishonestly inducing delivery of property. Section 319 covers cheating by personation, while Section 66 of IT Act addresses computer-related offences. The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 173 governs the investigation procedure for such cyber crimes. Additionally, if the fraud amount exceeds certain thresholds, more stringent provisions under organized crime sections may apply.

If You Are the Complainant

• File an FIR at the local police station along with a cyber crime complaint
• Gather all communication records, transaction details, and shipping information
• Provide complete details of the seller including profile information and contact numbers
• Submit copies of bank statements showing the fraudulent transaction
• Cooperate fully with police investigation and provide additional information when requested

If You Are the Victim

• Do not panic and immediately stop all further communication with the fraudster
• Preserve the dummy product received as evidence for the case
• Take photographs of the packaging, delivery receipt, and fake product
• Contact your bank immediately to report unauthorized transactions and request chargebacks
• File complaints on both police cyber crime portal and platform’s grievance mechanism

How the Police Behave in Such Cases

Police typically treat online shopping fraud as cyber crime requiring technical investigation. They may initially seem reluctant due to jurisdictional issues since seller location is often unknown. However, with proper documentation and legal pressure, they conduct digital forensics to trace IP addresses, bank accounts, and phone numbers. The investigation involves coordinating with platform administrators and payment gateways to track the fraudster’s digital footprint.

FAQs People Normally Have

• Can I get my money back? Recovery depends on quick action and proper investigation, though success rates vary
• Will police take action for small amounts? Yes, cyber crimes are registered regardless of amount, though priority may vary
• Should I contact the platform first? Yes, simultaneously file complaints with both police and the e-commerce platform
• How long does investigation take? Typically 3-6 months depending on complexity and cooperation from involved parties

What Evidence Is Required?

• Screenshots of all conversations and product listings
• Payment transaction records and bank statements
• Delivery receipts and packaging materials
• Photographs of the fake product received
• Seller’s profile details and contact information
• Any audio or video calls recordings if available
• Email communications and platform notifications

How Long Will the Investigation Take?

Online fraud investigations typically take 3-6 months, depending on the complexity of the case and cooperation from digital platforms. Police need time to trace digital footprints, coordinate with banks and telecom companies, and locate the fraudsters. Cases with clear evidence and cooperative victims tend to progress faster than those with limited documentation.

Advocate Sudhir Rao, Supreme Court of India