Can we file a case against a OLX customer who didn't pay?

I am contacting you because I believe I have been victim of a fraud. However, I am unsure how best to proceed in this matter. Here is the situation: I put up an ad for my mobile (Galaxy S9+) on olx. After a few days, an individual contacted me & was interested in buying the Phone. We agreed for a price of 48000 INR & decided to meet at Central Mall (Bellandur). However, he informed that he won't be able to come & instead his friend will collect the phone. I agreed. However, after reaching the mall, he requested to hand it over at a nearby restaurant and that he will transfer the money online. Due to some confusion, I thought his friend works at the restaurant. He then sent me a screenshot showing that he has transferred 48000 INR to my bank account. But he did NEFT. So I couldn't immediately verify if he transferred the money as it was NEFT (and also 15 August 2018). Then I made the mistake of trusting the guy and gave the phone at the restaurant. After that I waited till end of the end on August 16, 2018 for money to be deposited into my account. However, I didn't get it. I contacted him and he said that due to some error, the money is reversed to his account and he will transfer again. But since, then he is just giving excuses upon excuses and not transferring the money at all. I got fed up and went to Police Station nearby the restaurant. I gave a written complaint (no FIR) after which they called him to Police but he didn't come (said he is at office and will transfer money next day). But he didn't. He just keeps giving excuses upon excuses. I have went to Police Station multiple times but still haven't gotten the money. I also went to his office (he gave the address). Turns out he left the job 1 year ago. As per manager, he has committed other similar frauds and many people have come to the office like me. I went to the station once again yesterday and they informed me that they cannot file an FIR as there is no conclusive evidence of Fraud. They said, since he is saying he will give, I will just have to wait. They also called him again and as a a final warning, he has confirmed that he will transfer the money by Monday but I am not sure if he will as he has said that multiple times. I will be waiting till Monday after which I will once again go to Police Station and see what they advice. However, I would like to ask your guidance on how best to proceed in this case. This is the first time I have gotten into this kind of issue. If we can't say it is a fraud, can we proceed with a case under "Breach of Trust" or any other charges? Also, I have requested him to give me the UTR number so that I can contact my bank and check if he actually tried to make the transaction or if the screenshot he sent me was a fake. He said he will give the UTR yesterday but again didn't. I contacted him a few minutes ago & again, he said he will give the UTR. I don't know if he actually will. Please guide me in this case. Thank You.