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 regarding an online shopping fraud that occurred through a social media platform. He had made a purchase from Y.Store’s page on the platform, paying the full amount online. After making the payment, the seller stopped responding to messages and calls. Within ten days, the entire social media page disappeared, and other customers began posting comments about being defrauded by the same seller. Mr.X had payment screenshots and communication records but was unsure about legal remedies. The fraudulent seller had collected money from multiple victims before vanishing. This case highlights the growing trend of social media shopping scams where fraudsters create temporary pages, collect payments, and disappear without delivering products.

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, payment confirmations, and communication records. Report the fraud to local police and cyber crime cell simultaneously. File complaints with consumer forums and banking ombudsman if payment was made through banking channels. Contact your bank to explore chargeback options for fraudulent transactions.

Applicable Sections of Law

This case falls under multiple sections of BNS including Section 318 (cheating), Section 319 (cheating by personation), and Section 66 of IT Act for cyber fraud. Under BNSS, Section 173 deals with investigation procedures for such cases. Consumer Protection Act 2019 also applies for unfair trade practices. The victim can also invoke provisions under the Information Technology Act for cyber crimes and unauthorized access to digital platforms for fraudulent purposes.

If You Are the Complainant

• File FIR immediately at local police station with all evidence
• Submit complaint to National Cyber Crime Reporting Portal
• Contact the social media platform’s fraud reporting mechanism
• File consumer complaint for deficiency in service
• Request bank for transaction reversal through chargeback process

If You Are the Victim

• Document all evidence including screenshots before they disappear
• Report to cyber crime cell within 24 hours for quick action
• Inform your bank immediately about fraudulent transaction
• Join with other victims for collective complaint filing
• Monitor your credit cards and bank accounts for suspicious activities

How the Police Behave in Such Cases

Police initially may show reluctance in registering FIR for online fraud, claiming jurisdictional issues. They often direct victims to cyber crime cell first. Once FIR is registered, investigation involves tracing payment gateways and digital footprints. Police coordinate with banks and social media platforms for suspect identification. Investigation timeline depends on complexity and cooperation from digital platforms and financial institutions.

FAQs People Normally Have

Can I recover my money from online fraudsters? Recovery depends on quick action and evidence preservation. Banks may reverse transactions in some cases.

Which police station should I approach? You can file complaint at local police station or cyber crime cell, both have jurisdiction.

Will consumer forum help in such cases? Yes, consumer forums handle e-commerce fraud cases effectively with faster resolution.

Can social media platforms be held liable? Platforms have limited liability but must cooperate in investigations when properly approached.

What Evidence Is Required?

• Payment transaction screenshots and bank statements
• Screenshots of product advertisements and seller profiles
• Communication records including messages and call logs
• Social media platform URLs and cached pages if available
• Testimonies from other victims facing similar fraud
• Digital receipts or confirmation emails received
• Screenshots showing seller’s page removal or deactivation

How Long Will the Investigation Take?

Cyber crime investigations typically take 3-6 months depending on complexity and digital evidence availability. Consumer forum cases may resolve faster within 2-3 months. Bank chargeback processes usually complete within 45-90 days. Police investigation timeline varies based on cooperation from payment gateways and social media platforms in evidence collection.

Advocate Sudhir Rao, Supreme Court of India