Paid Money via UPI for Furniture Purchase – Seller Disappeared After Taking Payment – Legal Options Available

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by

Adv Sudhir Rao
in

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.

Paid Money via UPI for Furniture Purchase - Seller Disappeared After Taking Payment - Legal Options Available

Mr.X recently shifted to Area X in City A as a tenant and needed furniture for his new accommodation. Through X.platform app, he found Mr.Y who was advertising furniture for sale. Mr.X contacted Mr.Y to purchase a bed for his room. The transaction involved two UPI payments – first ₹4,500 from Area Y in City A, and later another ₹2,500 from his residence. After receiving both payments totaling ₹7,000, Mr.Y began avoiding Mr.X’s calls and messages. When Mr.X finally managed to contact him, Mr.Y clearly stated that Mr.X could “do whatever he wants” and refused to either deliver the furniture or refund the money. This constitutes a clear case of cheating and criminal breach of trust under Indian criminal law.

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.

Document all evidence immediately including UPI transaction receipts, chat conversations, and call logs. File a complaint with the Cyber Crime Cell as this involves digital payment fraud. Report the matter to your bank’s fraud department for transaction reversal possibilities. Contact the platform where you found the seller and report the fraudulent user.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), this case falls under Section 318 (cheating) as the accused dishonestly induced the victim to part with money. Section 405 (criminal breach of trust) applies since the accused converted the money received for a specific purpose. Section 66D of the Information Technology Act covers cheating by personation using digital platforms. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides procedural guidelines for filing complaints and investigation processes in such fraud cases.

If You Are the Complainant

  • Gather all digital evidence including UPI transaction receipts, screenshots of conversations, and platform communications
  • File an FIR at the local police station immediately with all supporting documents
  • Simultaneously lodge a complaint with the Cyber Crime Cell online portal
  • Report the fraudulent profile to the platform administrators with evidence
  • Contact your bank’s customer service to report the fraudulent transaction and explore chargeback options
Paid Money via UPI for Furniture Purchase - Seller Disappeared After Taking Payment - Legal Options Available

If You Are the Victim

  • Do not delay in reporting the crime as digital evidence may be deleted by the accused
  • Preserve all communication evidence in multiple formats and take screenshots immediately
  • Block further transactions if you have shared any sensitive banking information
  • Contact the National Cyber Crime Helpline 1930 for immediate assistance
  • Consider approaching consumer court for compensation along with criminal proceedings

How the Police Behave in Such Cases

Police typically treat online fraud cases seriously, especially those involving UPI transactions as they leave clear digital trails. They may initially suggest approaching the bank for transaction reversal. Once an FIR is registered, police coordinate with cyber crime units and banks to trace the fraudulent account. However, they may require substantial evidence and sometimes show reluctance if the amount is relatively small.

FAQs People Normally Have

Can I get my money back through UPI reversal? Banks can reverse transactions only in specific circumstances like technical errors, but fraud requires police complaint and bank investigation.

How long does police investigation take? Cyber fraud investigations typically take 3-6 months depending on cooperation from banks and digital platform operators.

Should I approach consumer court? Yes, consumer court can be approached simultaneously for compensation while criminal proceedings continue.

What if the accused is from another state? You can file FIR in your local jurisdiction where the crime was committed or suffered.

Paid Money via UPI for Furniture Purchase - Seller Disappeared After Payment - Legal Options Available

What Evidence Is Required?

  • UPI transaction receipts showing payment details and beneficiary account information
  • Screenshots of all conversations on the platform and messaging apps
  • Call logs showing attempted communication with the seller
  • Platform profile details and any verification information of the seller
  • Bank statements confirming the debited amounts
  • Any advertisements or postings made by the seller
  • Witness statements if anyone else interacted with the seller

How Long Will the Investigation Take?

Investigation in online fraud cases typically takes 4-8 months. Initial police response and FIR registration occurs within days. Bank cooperation for account details takes 2-4 weeks. Digital evidence collection and analysis requires 2-3 months. Court proceedings, if charges are filed, may extend the timeline to 1-2 years depending on case complexity and accused cooperation.

Advocate Sudhir Rao, Supreme Court of India

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