• Online shopping fraud

I placed a request on a site stating that I need a particular product. A person approached me saying that he would deliver the product at a certain price though I had to deposit some amount to the companies account(appx 20k). After a day he replied saying that the product was imported from USA and that I had to pay customs of about 15500/- I transferred the same. But now he is asking for more 20500/- as Vat and Tax, Which I am sure that it is not true as GST has been introduced. I have asked him a couple of times to refund me my money but he has not.

I have all the conversation on WhatsApp chat and all the money is transferred through UPI/BHIM so records are present. I have the persons phone number and a name but not sure if the name is correct.

How should I proceed with this case?
Asked 8 years ago in Criminal Law
Religion: Hindu

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12 Answers

Hello,

You must have the address of the person in order to initiate some action.

Nevertheless, if you have his phone number and account number then lodge a complaint on the basis of the same and the police during the investigation shall take out the required details.

Go ahead and lodge a complaint before the police.

In case you are having his address then you can issue a legal notice and can thereafter file a case in the consumer forum.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Hi

File a criminal complaint against him for 420IPC.

Present all the evidences copy to the police and you will be granted justice by court.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

The purchase order should prove your statement.

The amount transferred should prove your right as a consumer for consideration.

Send a legal notice followed by filing a complaint before the consumer forum.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

Please move to the police and file FIR u/s 420, & 406 of IPC for the fraud and misappropriation.

Please provide all the detail in the FIR and let the police investigate the matter.

Other wise you may proceed to the criminal court of your police station and file a criminal complaint under the above sections.

Going to the police is better option as you are not awere of the complete identity of the person.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. Such persons do not operate with their true name.

2. The remedy for you is to file a criminal complaint in the nearest police station for the offence of cheating and criminal breach of trust under section 420/406 IPC. Tracing him will be a major challenge if his identity on the website is fake.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1) file police complaint of cheating against fraudster under section 420 of IPC

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

You are trapped in internet fraud case. If he has office in India send him legal notice. Or file FIR for cheating with cyber crime.

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

This looking a case of cheating with you by the supplier in the name of any false company.

Without further delay , you should lodged FIR against the said supplier on the ground of all the proofs available with you. Police will investigate the matter to resolve your case.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

hi, it is a case if cheating and fraud..it is advisable to register a police FIR against the person and freeze his account

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

You contact the person through phone and also track him from the payments made to him

Lodge a police complaint if he is not responding.

The police will be able to track him with the help of his phone number.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

Send a legal notice for recovery of all the payments made by you till date.

Approach the consumer forum if the Legal Notice is not complied with.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hi,

You need to file complaint with the police and get the case/FIR registered against that person.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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