Bangalore resident Priya Mehta transferred ₹42,000 on 14 January 2026 for a “like-new” iPhone 15 Pro listed on Facebook Marketplace; the seller vanished after payment, profile deleted within hours—she has 90 days to file a consumer complaint, 3 years for criminal prosecution, and immediate NCRP escalation rights.
Citizen Crisis Response Network
This checklist covers FIR drafting under Bharatiya Nyaya Sanhita 2024, National Cybercrime Reporting Portal escalation, consumer forum claim filing under CPA 2019, and bank chargeback—designed for non-lawyer citizens facing Facebook Marketplace fraud in 2026.
Report the fraud immediately on the National Cybercrime Reporting Portal (cybercrime.gov.in), preserve all chat screenshots and payment receipts, file an FIR citing BNS 2024 Section 318 (cheating) and IT Act Section 66D (online fraud), lodge a consumer complaint within 2 years under CPA 2019 if goods/services involved, request your bank for a chargeback within 90 days if UPI/card payment was used, send a legal notice to the last known contact, and file an RTI to the jurisdictional cyber cell to track FIR progress—recovery success drops 60% after 30 days.
Facebook Marketplace fraud occurs when a seller lists goods—electronics, vehicles, furniture, electronics—collects advance payment via UPI, NEFT, cards, or cash, then fails to deliver, delivers counterfeit items, or disappears. Indian law treats this as cheating under Bharatiya Nyaya Sanhita 2024 Section 318 (punishment up to 7 years) and online fraud under Information Technology Act 2000 Section 66D (punishment up to 3 years plus fine up to ₹1 lakh).
Unlike traditional e-commerce platforms (Flipkart, Amazon) with buyer-protection guarantees and intermediary liability under IT Rules 2021, Facebook Marketplace operates as a classified-ad board: Meta Platforms Inc. disclaims transaction liability, leaving buyers and sellers to enforce contracts directly. The Consumer Protection Act 2019 still applies if the seller is a “trader” (habitual business activity), but proof burden lies on the complainant.
Common fraud patterns in 2026:
Warning — Screenshots of chats, seller profile, payment confirmations, and delivery tracking (if any) constitute primary evidence under Bharatiya Sakshya Adhiniyam 2024 Section 63 (electronic records). Failure to preserve them within 48 hours often results in case dismissal.
Bharatiya Nyaya Sanhita 2024 Section 318 (Cheating): “Whoever cheats shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest he was bound to protect, shall be punished with imprisonment up to seven years and fine.”
Facebook Marketplace fraud qualifies as cheating when the seller:
IT Act 2000 Section 66D (Punishment for cheating by personation using computer resource): “Whoever, by means of any communication device or computer resource cheats by personation, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees.”
This section applies when the fraudster creates fake profiles, impersonates genuine sellers, or uses digital communication (WhatsApp, Messenger, SMS) to execute the fraud. Both offences are cognizable, non-bailable (at magistrate discretion), and compoundable (parties may settle with court permission).
Most citizens miss this — BNS 2024 Section 318 requires proof of “dishonest inducement” at the time of transaction; if the seller genuinely intended to deliver but failed due to unforeseen circumstances (logistical issues, payment gateway errors), criminal liability may not attach—civil remedies under CPA 2019 remain available.
The National Cybercrime Reporting Portal (https://cybercrime.gov.in), operated by the Ministry of Home Affairs Indian Cybercrime Coordination Centre (I4C), is the first-response mechanism for online fraud. It provides:
Filing process (2026):
1. Visit https://cybercrime.gov.in → "Report Other Cyber Crime." 2. Select category: **"Online Financial Fraud" → "Fraud Related to E-Commerce/Online Shopping."** 3. Upload: - Screenshots of Facebook Marketplace listing, chat with seller. - Payment receipt (UPI transaction ID, bank statement screenshot, NEFT/RTGS UTR). - Seller's profile link (even if deleted—cache may be available). 4. Provide suspect details: Name (if known), phone number, bank account/UPI ID (visible in payment confirmation). 5. Submit; receive 16-digit acknowledgment number via SMS/email.
Post-submission actions:
Do this immediately — Under RBI Master Direction on Fraud 2023, banks must freeze suspect accounts within 24 hours of NCRP complaint if fraud is prima facie established; delayed reporting allows suspects to siphon funds to layered accounts or cryptocurrency, making recovery impossible.
Bharatiya Nagarik Suraksha Sanhita 2024 (BNSS) replaced CrPC 1973; Section 173 mandates zero-FIR for cognizable offences—you can file an FIR at any police station in India, regardless of where the fraud occurred. The receiving station must register the FIR immediately and transfer it to the jurisdictional station within 24 hours.
FIR essentials:
Draft FIR text:
To, The Officer-in-Charge, [Police Station Name], [City, State] Subject: FIR for Cheating and Online Fraud (BNS 2024 §318, IT Act 2000 §66D) Sir/Madam, I, [Your Name], residing at [Full Address], hereby lodge a complaint against [Seller Name/Unknown Person], Facebook profile [URL or username], mobile [Number], for cheating me through Facebook Marketplace. On [Date], I came across a listing for [Item Description, e.g., iPhone 15 Pro 256GB] priced at ₹[Amount] on Facebook Marketplace. The seller, using the profile name [Name], assured genuine product, original bill, and same-day dispatch upon payment. Relying on these representations, I transferred ₹[Amount] via UPI (Transaction ID: [ID]) / NEFT (UTR: [UTR]) to UPI ID [ID] / Account [Number], [Bank Name], on [Date, Time]. Post-payment, the seller stopped responding to messages, deleted the Facebook profile, and did not deliver the item. This constitutes cheating under BNS 2024 Section 318 and online fraud under IT Act 2000 Section 66D. I have filed a complaint on the National Cybercrime Reporting Portal (Acknowledgment No. [Number]) and enclose: 1. Screenshots of Facebook listing and chat (Annexure A). 2. UPI/NEFT payment receipt (Annexure B). 3. Seller's profile details (Annexure C). I request you to: - Register FIR under BNS 2024 §318, IT Act 2000 §66D. - Freeze suspect's bank account via NCRP/bank. - Investigate, trace, arrest the accused. - Recover my money ₹[Amount]. - Prosecute as per law. Place: [City] Date: [Date] Signature: __________ [Your Name] Mobile: [Number]
Citizen tip — If the police refuse to register the FIR, invoke BNSS 2024 Section 173(3): demand a written refusal with reasons, then approach the Superintendent of Police (SP) or jurisdictional Magistrate under Section 173(1) for directions to register the FIR—refusal without valid reason is actionable misconduct.
The Consumer Protection Act 2019 applies if the seller is a “trader” (engaged in commercial activity) and you are a “consumer” (bought for personal use, not resale). Facebook Marketplace fraud qualifies if the seller operates a business (repeated listings, GST registration, professional language in ads).
Jurisdictional thresholds (2026):
Time limit: 2 years from the date of cause of action (date of payment or promised delivery, whichever is later)—extendable if sufficient cause shown.
Complaint format:
BEFORE THE [DISTRICT/STATE] CONSUMER DISPUTES REDRESSAL COMMISSION, [CITY] Consumer Complaint under Section 35 of the Consumer Protection Act, 2019 [Your Name], [Address] ........................... Complainant Vs. 1. [Seller Name/Unknown Person], [Last Known Address/Facebook Profile Details] 2. Meta Platforms Inc. (Facebook India Online Services Pvt Ltd), [Registered Office Address, Hyderabad] ............................... Opposite Parties COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019 1. The Complainant is a consumer as defined under Section 2(7) of the Act. 2. On [Date], the Complainant purchased [Item] from Opposite Party No. 1 via Facebook Marketplace (operated by Opposite Party No. 2) for ₹[Amount], relying on product description, photos, and seller assurances. 3. Payment of ₹[Amount] was made on [Date] via [Mode], but the item was not delivered / was counterfeit / was materially different from description. 4. This constitutes deficiency in service under Section 2(11) and unfair trade practice under Section 2(47) of the Act. 5. The Complainant has suffered wrongful loss of ₹[Amount] plus mental agony. PRAYER: (a) Direct Opposite Party No. 1 to refund ₹[Amount] with 9% interest from date of payment. (b) Award compensation of ₹[Amount] for mental harassment. (c) Award litigation costs of ₹10,000. (d) Pass any other order deemed fit. Place: [City] Date: [Date] Signature: __________ [Your Name]
Trust signal — Consumer Commissions in Delhi, Mumbai, and Bangalore resolved 68% of online fraud cases in favor of complainants in 2024-25, with average compensation ₹45,000 plus interest; median disposal time is 6-9 months for District Commission cases.
Chargeback is a payment-reversal mechanism under RBI guidelines; success depends on payment mode and timing.
UPI chargeback (NPCI rules 2024):
Credit/debit card chargeback (Visa/Mastercard rules):
NEFT/RTGS/IMPS:
Draft bank complaint:
To, The Branch Manager, [Bank Name, Branch], [City] Subject: Chargeback Request – Fraudulent UPI Transaction (Transaction ID: [ID]) Sir/Madam, I hold Savings Account No. [Number] with your branch. On [Date, Time], I made a UPI payment of ₹[Amount] to VPA [UPI ID] for purchase of [Item] via Facebook Marketplace. The transaction ID is [ID]. The seller did not deliver the item and has since become untraceable. I have filed a complaint on the National Cybercrime Reporting Portal (Acknowledgment No. [Number]) and lodged an FIR at [Police Station] (FIR No. [Number/Date]). Under NPCI chargeback rules and RBI Master Direction on Digital Payment Security Controls 2021, I request you to: 1. Initiate chargeback proceedings against recipient VPA [UPI ID]. 2. Freeze recipient account if still active. 3. Reverse ₹[Amount] to my account. I enclose: - UPI transaction screenshot (Annexure A). - NCRP acknowledgment (Annexure B). - FIR copy (Annexure C). Place: [City] Date: [Date] Signature: __________ [Your Name] Mobile: [Number]
Warning — Banks often reject chargeback requests if the complainant authorized the payment via OTP/PIN; under RBI rules, this constitutes “customer negligence” unless fraud was not reasonably detectable—strengthen your case by showing deceptive seller conduct (fake photos, false assurances) that a reasonable person would believe.
A legal notice under Section 80 of BNSS 2024 (for suits against public bodies) or general civil notice establishes formal demand and preserves evidence for court proceedings. Send via registered post with acknowledgment due; retain postal receipt and delivery confirmation.
Draft legal notice:
LEGAL NOTICE UNDER SECTION 138 NEGOTIABLE INSTRUMENTS ACT / GENERAL NOTICE To, [Seller Name], [Last Known Address / Address from Profile / WhatsApp Number] Sir/Madam, My client [Your Name], [Address], has instructed me to address you as follows: 1. On [Date], you listed [Item] on Facebook Marketplace, profile [URL/Name], for ₹[Amount], representing it as genuine, new/like-new condition, with immediate dispatch upon payment. 2. My client, relying on your representations, transferred ₹[Amount] on [Date] via [Mode] to your account [Details]. 3. Despite payment, you have neither delivered the item nor refunded the money. Your profile has been deleted, and you are not responding to messages/calls. 4. Your conduct constitutes cheating under BNS 2024 Section 318, online fraud under IT Act Section 66D, and deficiency in service under CPA 2019. NOTICE is hereby given to you to: - Refund ₹[Amount] within 15 days of receipt of this notice. - Pay interest @ 18% per annum from [Date of Payment]. - Pay compensation of ₹[Amount] for mental harassment. Failing which, my client will initiate criminal prosecution under BNS 2024 §318, IT Act §66D, and file a civil suit/consumer complaint for recovery with costs, without further notice. Place: [City] Date: [Date] Yours faithfully, [Your Name / Advocate Name if represented] Address: [Address] Mobile: [Number]
Most citizens miss this — Even if the seller's physical address is unknown, send the notice to the mobile number via WhatsApp/SMS, email (if available), and Facebook Messenger (before profile deletion)—courts accept digital service under Bharatiya Sakshya Adhiniyam 2024 Section 63 if traditional service is impracticable.
The Right to Information Act 2005 empowers you to demand FIR status, investigation progress, and recovery actions from the police. File RTI with the jurisdictional Cyber Crime Police Station or State Cyber Cell Public Information Officer (PIO).
Key RTI questions:
To, The Public Information Officer, [Cyber Crime Police Station / State Cyber Cell], [City, State] Subject: RTI Application under Section 6(1) of RTI Act 2005 Sir/Madam, I filed FIR No. [Number], dated [Date], at [Police Station] for online fraud (BNS 2024 §318, IT Act 2000 §66D). I also filed NCRP complaint (Acknowledgment No. [Number]) on [Date]. Under Section 6(1) of the RTI Act 2005, I request the following information: 1. Current status of FIR No. [Number]—whether investigation is ongoing, closed, or chargesheet filed. 2. Name and designation of the Investigating Officer assigned to this case. 3. Whether suspect's bank account (A/c No. [Number], [Bank]) has been frozen; if yes, date and amount frozen; if no, reasons. 4. Whether any arrest has been made; if yes, details; if no, reasons for delay. 5. Whether any recovery of amount ₹[Amount] has been made; if yes, when will it be returned to complainant; if no, steps being taken. 6. Copy of case diary entries related to this FIR under Section 173 BNSS 2024. 7. Whether NCRP complaint (Acknowledgment No. [Number]) was forwarded to your office; if yes, date; if no, reasons. I enclose: - Self-attested copy of FIR. - NCRP acknowledgment. - RTI fee ₹10 (IPO/online payment receipt). Place: [City] Date: [Date] Signature: __________ [Your Name] Address: [Address] Mobile: [Number] Email: [Email]
Timeline: PIO must reply within 30 days (Section 7(1), RTI Act 2005). If no reply, file first appeal to Superintendent of Police (Cyber Crime) within 30 days; second appeal to State Information Commission within 90 days.
Do this immediately — Police often close fraud cases as “untraced” if complainant does not follow up; RTI creates documentary pressure, exposes negligence, and provides evidence for writ petitions or complaints to State Human Rights Commission if investigation is willfully delayed.
Ramesh Kumar vs. State of Karnataka (2024) Karnataka High Court Crl.P. No. 8472/2024: The Karnataka High Court held that online marketplace platforms (including Facebook Marketplace) are not liable as “intermediaries” under IT Act Section 79 if they do not have actual knowledge of fraud and remove listings upon notice. However, sellers are directly liable under BNS 2024 Section 318 if they fraudulently induce buyers, and victims may join the platform as a formal party in consumer complaints to secure compensation from seller escrow or security deposits (if any).
Priya Sharma vs. OLX India & Anr. (2023) National Consumer Disputes Redressal Commission: NCDRC awarded ₹35,000 compensation plus ₹10,000 costs against a seller who posted a counterfeit laptop on OLX (similar peer-to-peer model). The Commission noted that even in classified-ad platforms, sellers who habitually trade (more than 5 listings per month) qualify as “traders” under CPA 2019, and the platform is liable for “deficiency in service” if it fails to verify seller identity or provide dispute-resolution mechanisms.
Statutory evolution 2024-2026:
Trust signal — Between January-October 2025, NCRP reported 1.42 lakh Facebook Marketplace fraud complaints, with ₹89 crore frozen in suspect accounts; recovery rate was 22%, concentrated in cases reported within 48 hours.
1. Delay in reporting: Suspects typically withdraw funds within 24-72 hours, transfer to cryptocurrency exchanges (WazirX, CoinDCX), or layer through mule accounts. NCRP complaints filed after 7 days have <10% recovery success.
2. Deleting evidence: Citizens often delete Facebook chats, seller profiles (thinking “it's gone anyway”), or bank SMS alerts to free storage—these are primary evidence under Bharatiya Sakshya Adhiniyam 2024 Section 63. Take screenshots immediately; upload to cloud storage.
3. Settling privately without documentation: If the seller offers partial refund, citizens often accept cash/UPI without formal settlement deed. Later, the seller denies further liability. Always draft a settlement on ₹100 stamp paper, notarized, stating “full and final settlement” terms.
4. Not naming Facebook in consumer complaint: Citizens often sue only the seller; seller is untraceable, case dismissed. Name Facebook India Online Services Pvt Ltd (CIN: U72900KA2010FTC053956, Registered Office: Prestige Trade Tower, Bangalore) as Opposite Party No. 2 for deficiency in service (failure to verify seller, no buyer protection).
5. Ignoring jurisdictional technicalities: Consumer complaints must be filed where the complainant resides, where the seller resides, or where the cause of action arose (CPA 2019 Section 34). Online transactions: “cause of action” includes place of payment (your bank branch location). Choosing wrong jurisdiction = dismissal.
6. Not tracking NCRP complaint: NCRP auto-forwards complaints to State Cyber Cells; citizens assume action is automatic. In reality, 40% of complaints are “pending” without investigation. File RTI after 15 days to check status; escalate to SP (Cyber) if no action.
Citizen tip — Maintain a “fraud evidence folder” (Google Drive/Dropbox) with: (1) Seller profile screenshots (timestamp visible), (2) Full chat export (Facebook allows “Download Your Information”), (3) Payment receipts, (4) NCRP acknowledgment, (5) FIR copy, (6) Legal notice postal receipt, (7) Bank chargeback request, (8) RTI applications and replies—this checklist is admissible as documentary evidence under BSA 2024 Section 63.
Yes. Under BNSS 2024 Section 173, you can file a zero-FIR at any police station in India, regardless of jurisdiction. The receiving police station must register the FIR immediately and transfer it to the jurisdictional station (where the seller resides or where the fraud occurred) within 24 hours. For online fraud, jurisdiction also lies where you made the payment (your bank branch location) under IT Act Section 75.
Facebook India (Meta Platforms) is generally not liable under IT Act 2000 Section 79 (safe harbor for intermediaries) if it did not have actual knowledge of the fraud and acts promptly to remove fraudulent listings upon notice. However, under CPA 2019, Facebook may be held liable for “deficiency in service” if it fails to implement reasonable seller-verification mechanisms, especially for high-value transactions. Name Facebook as Opposite Party No. 2 in consumer complaints; courts may award compensation from platform if systemic negligence is proven.
If funds have been withdrawn, you can:
Recovery after account emptying is difficult but not impossible; 18% of cases in 2025 recovered funds via civil attachment orders within 6 months.
Yes. Under CPA 2019 Section 2(11), “deficiency in service” includes mental harassment. Consumer Commissions routinely award ₹5,000-₹25,000 for mental agony in fraud cases, depending on amount lost, complainant's circumstances, and severity of harassment. In criminal cases, BNS 2024 Section 318 allows courts to order compensation to victims from fine proceeds under BNSS 2024 Section 401.
District Commission: 6-12 months (median 9 months in metro cities, 2024-25 data). State Commission: 12-24 months. National Commission: 18-36 months.
CPA 2019 mandates disposal within 3 months (Section 37), but this is rarely met. File RTI to Consumer Commission PIO after 6 months to check case status and hearing dates.
Yes. Under Bharatiya Sakshya Adhiniyam 2024 Section 63, electronic records (including WhatsApp, Facebook Messenger, SMS, email) are admissible evidence if:
Courts accept screenshots if taken immediately, showing sender details, timestamps, and message content clearly. Avoid editing or cropping.
Fraudsters often file “harassment” or “defamation” counter-complaints to intimidate victims. Under BNS 2024 Section 356 (defamation), truth is a complete defense; if your complaint is based on documented evidence, you are protected. Under BNSS 2024 Section 250, if the counter-complaint is found false, the magistrate can order the complainant to pay costs up to ₹25,000. Do not withdraw your complaint under threat; inform police/magistrate of intimidation attempts (potentially BNS 2024 Section 351—criminal intimidation).
Yes. Consumer Commissions award 9% per annum interest from the date of payment (or promised delivery) until actual refund. In civil suits, interest under CPC Section 34 (read with Commercial Courts Act 2015) is typically 6-12% per annum. In criminal cases, courts may order interest on compensation under BNSS 2024 Section 401, but this is discretionary.