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 when he discovered that X.company (Google Ads) had charged his father Mr. Y’s credit card ₹1.25 lakh without proper authorization. Mr. Y had linked his card to a Google Ads account but was unaware of the spending limits and automatic billing features. The family noticed the substantial deduction only during their monthly statement review. They had not run any advertising campaigns justifying such a large amount. The charges appeared to be either due to click fraud, account compromise, or system error. Mr. X was concerned about recovering the money and preventing future unauthorized charges. The case involved understanding digital payment fraud laws and consumer protection rights in online advertising platforms.

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 contact your bank to dispute the charges and block further transactions
• Document all communications with the advertising platform and maintain transaction records
• File a complaint with banking ombudsman if bank refuses chargeback

Applicable Sections of Law

This case involves multiple legal provisions under BNS and BNSS. Section 318 of BNS deals with cheating and dishonestly inducing delivery of property, applicable when unauthorized charges occur. Section 319 covers cheating by personation if account was compromised. Section 66 of BNS addresses theft in digital context. Under BNSS, Section 173 governs investigation of cyber crimes, while Section 154 covers registration of FIR for financial fraud. Consumer Protection Act 2019 also provides additional remedies for unfair trade practices and deficiency in digital services.

If You Are the Complainant

• File FIR immediately at cyber crime police station with all transaction details
• Submit written complaint to advertising platform’s grievance officer within 48 hours
• Approach consumer forum for unfair trade practices if platform refuses refund
• Coordinate with bank for chargeback process under RBI guidelines
• Maintain detailed records of all unauthorized transactions and communications

If You Are the Victim

• Immediately inform your bank and request transaction freeze on the affected card
• Screenshot all unauthorized charges and account activity as evidence
• Contact platform’s customer support and escalate to senior management if needed
• File complaint with National Consumer Helpline (1915) for quick resolution
• Report to cyber crime portal (cybercrime.gov.in) within 24 hours of discovery

How the Police Behave in Such Cases

Police typically treat such cases as cyber fraud under IT Act provisions. They first verify the complaint details and check if the amount qualifies for serious investigation. Officers usually coordinate with bank’s fraud department and request transaction trail from payment gateways. Investigation involves analyzing digital evidence, IP addresses, and account access logs. Police may contact the advertising platform’s local representatives for clarification and cooperation in the investigation process.

FAQs People Normally Have

Can I get full refund of unauthorized charges? Yes, if you can prove the charges were unauthorized or fraudulent, both banking regulations and consumer protection laws provide for full refund.

How long does refund process take? Bank chargeback typically takes 45-60 days, while legal proceedings may extend to 6-12 months depending on platform cooperation.

Should I close the advertising account immediately? Yes, immediately deactivate the account and remove all payment methods to prevent further unauthorized charges.

Can I claim additional compensation? Yes, you can claim mental harassment compensation and litigation costs under consumer protection laws.

What Evidence Is Required?

• Credit card statements showing unauthorized transactions
• Screenshots of advertising account dashboard and billing history
• Email communications with platform support team
• Bank transaction alerts and SMS notifications
• Account access logs and IP address records
• Witness statements from family members who noticed the charges
• Technical evidence of click fraud or account compromise if applicable

How Long Will the Investigation Take?

Cyber crime investigations for financial fraud typically take 3-6 months for completion. Bank’s internal investigation usually concludes within 45 days as per RBI guidelines. Consumer forum cases may take 6-12 months depending on evidence complexity. Platform’s internal review process generally takes 15-30 days. Legal proceedings through regular courts may extend beyond one year if the case involves complex technical evidence or cross-border jurisdiction issues.

Advocate Sudhir Rao, Supreme Court of India