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

This is a cautionary tale for anyone who purchases items online, especially specialized goods like electronic components. Mr. Alok Sharma, an engineering student from Jaipur, recently shared his distressing experience. He was working on a personal project and ordered a high-performance microcontroller from a website called ElectroGizmos.co.in. The total order was for Rs. 1,250, which included a shipping charge of Rs. 150. After a significant delay in delivery, Mr. Sharma was shocked to find that he had been sent a much cheaper, basic component worth only Rs. 300, which was completely unsuitable for his project.

What followed was a frustrating ordeal. Mr. Sharma tried to contact ElectroGizmos.co.in through every channel they provided—email, WhatsApp, and their customer service phone number. His attempts were met with complete silence. Emails went unanswered, messages were left unread, and over two dozen calls to their number were either met with a busy tone or went unanswered. It became clear that this was not a simple mistake but a deliberate act of fraud. Further research revealed that numerous other customers had fallen victim to the same scam by this company, which operates with impunity from a major metropolitan city. This type of activity constitutes a clear case of cheating and an unfair trade practice, preying on unsuspecting online shoppers.

Advice in such cases

• Gather all your documents. This includes the order confirmation email, payment receipt or bank statement, screenshots of the product page, photos or videos of the incorrect item you received, and records of all your attempts to contact the seller.
• Send a formal written complaint to the company’s registered email and physical address, if available. This can sometimes prompt a response and also serves as a crucial piece of evidence.
• File a complaint on the National Cyber Crime Reporting Portal (cybercrime.gov.in). This is a dedicated platform for reporting online financial fraud and other cybercrimes.
• File a complaint with the appropriate Consumer Disputes Redressal Commission (Consumer Forum) online through the e-Daakhil portal. You can claim a refund, compensation for mental agony, and litigation costs.
• 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

• Bharatiya Nyaya Sanhita, 2023 (BNS): Section 318 of the BNS, which deals with ‘Cheating’, is directly applicable. The act of dishonestly inducing a person to deliver property (money) by sending a different, low-value item falls squarely under this definition. Section 316 (Criminal breach of trust) may also apply.
• Information Technology Act, 2000: Sections related to online fraud and misrepresentation can be invoked. The Act provides a legal framework for electronic transactions and aims to prevent cybercrimes.
• Consumer Protection Act, 2019: This is a powerful tool for consumers. The seller’s actions amount to a ‘deficiency in service’ and an ‘unfair trade practice’. The Act allows you to seek redressal from consumer commissions for such grievances.

If you are the complainant

• 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
• Organize all your evidence systematically. Create a timeline of events from placing the order to your attempts at communication.
• File a First Information Report (FIR) with the police, either at your local police station or through the online portal, citing the relevant sections of the BNS and IT Act. The new Bharatiya Nagarik Suraksha Sanhita (BNSS) facilitates the filing of e-FIRs.
• Do not rely solely on the police complaint. Simultaneously, file your case with the Consumer Commission to pursue a refund and compensation. The two proceedings can run in parallel.
• Maintain regular follow-ups with both the investigating police officer and the Consumer Commission regarding the status of your complaints.

If you are the victim

• 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
• The first step is to act quickly and not delay. The sooner you report the fraud, the better the chances of a positive outcome.
• Preserve every piece of digital evidence. Do not delete emails, messages, or transaction alerts. Take screenshots of everything.
• Immediately file a complaint on the National Cyber Crime Reporting Portal to create an official record of the fraud.
• Familiarize yourself with your rights under the Consumer Protection Act, 2019. You are entitled to receive the exact product you paid for, and any deviation constitutes a violation of your rights.

How the police behave in such cases

Often, the police may initially view such cases as a civil dispute or a simple consumer complaint rather than a criminal offense. They might be hesitant to register an FIR and may direct you to the Cyber Cell or suggest you approach a consumer court. Jurisdictional issues can also be a hurdle, as the seller, victim, and servers may all be in different cities. However, with persistence and the guidance of a lawyer, they are obligated to register a complaint, especially when it’s clear that the act was a deliberate fraud and not an error. The provisions under the new BNSS are designed to make reporting easier for citizens, irrespective of their location.

FAQs people normally have

What evidence is required?

• The invoice or order confirmation email from the company.
• Your bank or credit card statement showing the debit for the transaction.
• A clear photograph or unboxing video of the incorrect/defective product you received.
• Screenshots of the product listing on the seller’s website, showing the item you intended to buy.
• Screenshots of your call logs, emails, and chat messages showing your attempts to contact the seller.
• A copy of the legal notice, if you sent one, along with its delivery receipt.

How long will the investigation take?

The duration of the investigation can vary significantly. A police investigation into a cyber fraud case can take several months, depending on the complexity of tracing the perpetrators. Cases filed with the Consumer Commission are intended to be resolved expeditiously, often within a few months, but can face delays depending on the commission’s workload and the seller’s responsiveness. Having a lawyer to navigate the process can often help in expediting the matter.

Advocate Sudhir Rao, Supreme Court of India