If you are stuck in such a situation, here is what to do.
In a recent incident, Mr. Anand and his wife found themselves in a difficult situation. They had planned to watch the final match of the Championship Cricket League (CCL) in Jaipur and decided to buy tickets through an acquaintance of Mrs. Anand. The seller, Mr. Vikram Sharma, is a television actor based in Pune, known for his role in the popular series “Star Life Chronicles.”
Around June, the couple transferred ₹18,000 via UPI for four tickets. The payment was made to the UPI ID belonging to Mr. Sharma’s wife. However, just two days later, Mr. Sharma contacted them again, stating that his contact had increased the ticket prices and demanded an additional ₹6,000. Finding this unreasonable and beyond their budget, Mr. Anand declined the new offer and requested a full refund of the ₹18,000.
Since that day, recovering the money has been an ordeal. Mr. Sharma has only returned ₹1,000 and has been consistently delaying the payment of the remaining ₹17,000. Every time Mr. Anand contacts him, he is met with vague promises like “I’ll send it next week” or “give me a few more days.” To make matters worse, Mr. Sharma has started blocking Mr. Anand’s phone numbers, only answering when called from a new, unknown number, where he repeats the same empty promises.
Mr. Anand possesses all the evidence, including the complete WhatsApp conversation history and the UPI transaction receipt. His primary goal is to recover his hard-earned money without getting entangled in a prolonged and complex legal proceeding.
Advice in such cases
Send a Formal Demand Notice: The first step should be to send a formal legal notice through a lawyer. This notice will detail the entire transaction, the breach of agreement, and a final demand for the refund within a specific timeframe (e.g., 15 days). Often, a formal notice from a lawyer’s office is enough to compel the other party to settle the matter to avoid legal action.
Gather All Evidence: Systematically organize all evidence you have. This includes screenshots of the UPI transaction, complete and unedited chat logs (WhatsApp, SMS, etc.), and any call recordings if available and legally permissible in your state. Ensure the dates and times are clearly visible.
File a Police Complaint: You can file a complaint at your local police station. This act constitutes cheating and criminal breach of trust. The police can summon the individual for questioning, which can create significant pressure on them to return the money.
Explore Online Complaint Portals: You can also file a complaint on the National Cyber Crime Reporting Portal (cybercrime.gov.in) since the transaction was conducted online. This can initiate a formal investigation into the matter.
Consider a Summary Suit: If the amount is significant and the person is not responding to notices, you can file a summary suit under Order 37 of the Code of Civil Procedure, 1908. This is a faster legal process for recovering money based on clear written evidence like UPI transactions and chat history.
Consult with Lawyer: 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
The actions of the seller may fall under the following provisions of Indian law:
Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with cheating. By dishonestly inducing you to pay money for tickets and then failing to provide them or a refund, the seller has committed an act of cheating. The punishment can include imprisonment and a fine.
Section 316 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This pertains to criminal breach of trust. The money was entrusted to the seller for a specific purpose (buying tickets). By converting it for his own use and not refunding it, he has breached that trust.
Information Technology Act, 2000: Since the communication and transaction were conducted electronically (UPI, WhatsApp), the electronic records serve as valid evidence under this Act. Provisions of this act can be invoked in conjunction with the BNS.
If you are the complainant
Do Not Delay: Act swiftly. The more time passes, the more difficult it can become to track the person or for the authorities to take the matter seriously.
Be Clear and Concise: When drafting your complaint or legal notice, stick to the facts. Clearly state the sequence of events, the amount paid, the demand for more money, your refusal, and the subsequent failure to refund.
Preserve All Communication: Do not delete any chats or messages from the seller, even if they are abusive or evasive. These are crucial pieces of evidence.
Follow Up Persistently: Whether it’s with the police or your lawyer, ensure you are regularly following up on the status of your complaint or notice. Bureaucratic processes can be slow, and persistence is key.
Consult with Lawyer: 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
If you are the victim
Stay Calm and Strategic: Avoid getting into heated arguments or making threats over the phone or chat. Keep your communication formal and focused on recovering the money.
Document Everything: Keep a log of every call made, every message sent, and every promise broken by the seller. Note down dates and times.
File an FIR: Go to the police station and insist on filing a First Information Report (FIR) under the relevant sections. If the police are hesitant, you can submit a written complaint to a senior police officer (like the Superintendent of Police) or approach the Magistrate’s court under Section 156(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to direct the police to register an FIR.
Consult with Lawyer: 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
How the police behave in such cases
The police response can be mixed. In some cases, they may view it as a civil dispute over a broken promise and may be reluctant to file an FIR, suggesting you go to court. However, since there is a clear element of dishonest intention from the beginning (or developed later), it qualifies as a criminal offense. You must firmly explain the elements of cheating and criminal breach of trust. Having a lawyer accompany you or sending the complaint through a lawyer can often lead to a more serious and prompt response from the police.
FAQs people normally have
What evidence is required?
The stronger your evidence, the better your chances of a quick resolution. The essential pieces of evidence include:
Proof of Payment: A clear screenshot of the UPI transaction confirmation showing the amount, date, time, and recipient’s UPI ID/name.
Communication Records: Complete and chronological screenshots of WhatsApp chats or other messages where the deal was made, the demand for more money was raised, and the subsequent excuses for not refunding were given.
Call Logs: A record of calls made to the seller, especially if you can show that they started blocking your numbers.
Witnesses: If anyone else was aware of this transaction, their statement can be supportive, although the digital evidence is usually sufficient.
How long will the investigation take?
The duration of an investigation can vary significantly. If a legal notice works, you might get your money back in 15-30 days. If a police complaint is filed, the initial action of summoning the person might happen within a few weeks. However, if the matter proceeds to a full criminal or civil case, it can take several months to years to reach a final resolution. The objective in such cases is often to use the initial legal steps to create enough pressure for an out-of-court settlement.
Advocate Sudhir Rao, Supreme Court of India