A buyer transfers money on Facebook Marketplace for a “like-new” phone; the seller vanishes after payment and the profile is deleted within hours. In a case like this you typically have 2 years to file a consumer complaint, 3 years (or more, depending on the offence and punishment) to pursue criminal prosecution, and immediate rights to report on the National Cybercrime Reporting Portal.
Citizen Crisis Response Network
This checklist covers FIR drafting under the Bharatiya Nyaya Sanhita 2023, 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) and the 1930 helpline, preserve all chat screenshots and payment receipts, file an FIR citing BNS 2023 Section 318 (cheating) and IT Act Section 66D (cheating by personation using a computer resource), lodge a consumer complaint within 2 years under CPA 2019 if the seller is a trader, request your bank for a chargeback if a 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. The earlier you report, the higher the chance the receiving account can be frozen before the money is withdrawn.
Facebook Marketplace fraud occurs when a seller lists goods—electronics, vehicles, furniture—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 the Bharatiya Nyaya Sanhita 2023 Section 318 and as cheating by personation using a computer resource under the 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 obligations under the IT Rules 2021, Facebook Marketplace operates largely as a classified-ad board: the platform 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 the burden of proof lies on the complainant.
Common fraud patterns in 2026:
Warning — Screenshots of chats, the seller profile, payment confirmations, and delivery tracking (if any) are primary electronic evidence under the Bharatiya Sakshya Adhiniyam 2023 Section 63 (admissibility of electronic records). Preserve them immediately—do not delete chats or SMS alerts.
Bharatiya Nyaya Sanhita 2023 Section 318 (Cheating): Section 318 defines cheating and lays down a graduated punishment. Plain cheating is punishable with imprisonment up to one year, or fine, or both; cheating that dishonestly induces the deceived person to deliver property carries imprisonment up to seven years and fine; and where the offender was bound to protect the victim's interest, the punishment can extend to five years. Facebook Marketplace fraud—where the seller dishonestly induces the buyer to part with money—typically falls within the limb carrying 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 by 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.
Most citizens miss this — BNS 2023 Section 318 requires proof of “dishonest inducement” at the time of the 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 the Facebook Marketplace listing and chat with the seller. - Payment receipt (UPI transaction ID, bank statement screenshot, NEFT/RTGS UTR). - Seller's profile link (even if deleted—a cache may be available). 4. Provide suspect details: name (if known), phone number, bank account/UPI ID (visible in payment confirmation). 5. Submit; receive an acknowledgment number via SMS/email.
Post-submission actions:
Do this immediately — The sooner you report through 1930/NCRP, the better the chance the bank can place a hold on the suspect's account before the money is layered into other accounts. Delay lets suspects siphon funds, making recovery far harder.
The Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) replaced the CrPC 1973; Section 173 allows information about a cognizable offence to be given at any police station, irrespective of the area where the offence was committed (the “zero-FIR” principle). The FIR is then transferred to the jurisdictional station.
FIR essentials:
Draft FIR text:
To, The Officer-in-Charge, [Police Station Name], [City, State] Subject: FIR for Cheating and Online Fraud (BNS 2023 §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 2023 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 2023 §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, send a written complaint to the Superintendent of Police under BNSS 2023 Section 173; if still not satisfied, you can approach the jurisdictional Magistrate under BNSS 2023 Section 175(3) for a direction to investigate. Refusal to register a cognizable offence without valid reason is improper.
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 may qualify if the seller operates a business (repeated listings, GST registration, professional language in ads).
Jurisdictional thresholds (per the Consumer Protection (Jurisdiction) Rules, 2021):
Time limit: 2 years from the date of cause of action under Section 35 of the Act (date of payment or promised delivery, whichever is later)—extendable if sufficient cause is 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. [Platform operating entity, if joined] ............................... 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 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 interest from date of payment. (b) Award compensation of ₹[Amount] for mental harassment. (c) Award litigation costs. (d) Pass any other order deemed fit. Place: [City] Date: [Date] Signature: __________ [Your Name]
Practical note — A consumer complaint succeeds most readily where the seller is identifiable and is a “trader.” Where the seller is genuinely untraceable, the criminal track (FIR + NCRP) and bank-side recovery usually do more of the work than the consumer forum. Keep all evidence; disposal of District Commission cases commonly takes several months.
Chargeback is a payment-reversal mechanism; success depends on the payment mode and how quickly you act.
UPI dispute:
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]). I request you to: 1. Initiate dispute/chargeback proceedings against recipient VPA [UPI ID]. 2. Freeze the 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 authorised the payment via OTP/PIN; this may be treated as customer negligence unless the fraud was not reasonably detectable. Strengthen your case by showing deceptive seller conduct (fake photos, false assurances) that a reasonable person would have believed.
A legal notice establishes a formal demand and helps preserve evidence for court proceedings. Send it via registered post with acknowledgment due; retain the postal receipt and delivery confirmation.
Draft legal notice:
LEGAL 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 2023 Section 318, cheating by personation 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 from [Date of Payment]. - Pay compensation of ₹[Amount] for mental harassment. Failing which, my client will initiate criminal prosecution under BNS 2023 §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 can accept service through electronic means where traditional service is impracticable.
The Right to Information Act 2005 lets you ask the police about FIR status, investigation progress, and recovery actions. File an 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 2023 §318, IT Act 2000 §66D). I also filed an 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 the 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 the complainant; if no, steps being taken. 6. Whether the 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: The PIO must reply within 30 days (Section 7(1), RTI Act 2005). If there is no reply, file a first appeal to the designated First Appellate Authority within 30 days; a second appeal lies to the State Information Commission within 90 days.
Do this immediately — Police sometimes close fraud cases as “untraced” if the complainant does not follow up; an RTI creates documentary pressure, exposes negligence, and provides evidence for further escalation if the investigation is willfully delayed.
The fraudulent seller is the primary wrongdoer and is directly liable under BNS 2023 Section 318 and IT Act Section 66D once dishonest inducement is shown.
The platform (the entity operating Facebook Marketplace) generally claims protection as an “intermediary.” Under Section 79 of the IT Act 2000, an intermediary is shielded from liability for third-party content if it did not initiate the transaction, did not select or modify the content, observes due diligence, and acts on actual knowledge or a valid takedown notice. As a practical matter this makes direct recovery from the platform difficult; the realistic recovery routes remain the seller, the bank-side freeze/reversal, and the criminal investigation.
If you choose to name the platform's Indian entity in a consumer complaint, the correct entity is Facebook India Online Services Private Limited (CIN U72900TG2010FTC068332), registered with the Registrar of Companies, Hyderabad (Telangana). Note that whether the platform can be held liable depends on the facts; do not assume automatic platform liability.
Reality check — In peer-to-peer / classified-ad models, courts have generally been reluctant to hold the platform liable for an individual seller's fraud absent actual knowledge or failure to act on notice. Plan your recovery around identifying the seller and freezing the money trail, not around the platform paying out.
1. Delay in reporting: Suspects typically withdraw or layer funds within hours through mule accounts. The earlier you report to 1930/NCRP, the higher the chance of a freeze before the money moves.
2. Deleting evidence: Citizens often delete Facebook chats, seller profiles, or bank SMS alerts—these are primary evidence under Bharatiya Sakshya Adhiniyam 2023 Section 63. Take screenshots immediately and back them up to cloud storage.
3. Settling privately without documentation: If the seller offers a partial refund, do not accept cash/UPI without a written settlement. Later, the seller may deny further liability. Record the terms in writing as “full and final settlement.”
4. Suing only an untraceable seller: If the seller is untraceable, a consumer complaint against only the seller may be dismissed. Where relevant, identify the correct platform entity (see the section above) and take legal advice on whether it can be joined—do not assume the platform is automatically liable.
5. Ignoring jurisdictional technicalities: Under CPA 2019 Section 34, a complaint is filed where the complainant resides or works for gain, where the opposite party resides or carries on business, or where the cause of action arose. Choosing the wrong forum can lead to dismissal.
6. Not tracking the NCRP complaint: NCRP routes complaints to State Cyber Cells, but action is not automatic. File an RTI to check status if there is no movement, and escalate to the SP (Cyber) if needed.
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, and (8) RTI applications and replies—all of which can be tendered as documentary/electronic evidence under BSA 2023 Section 63.
Yes. Under BNSS 2023 Section 173, you can give information about a cognizable offence at any police station in India (“zero FIR”), irrespective of where the fraud occurred. The receiving station registers the FIR and transfers it to the jurisdictional station. For online fraud, jurisdiction can also lie where you made the payment.
Generally not automatically. As an intermediary under Section 79 of the IT Act 2000, the platform is shielded from liability for third-party seller conduct if it observes due diligence and acts on a valid takedown notice and on actual knowledge. Whether it can be held liable in a consumer forum depends on the facts; do not assume automatic liability. Focus recovery on the seller and the money trail.
If funds have been withdrawn, you can:
Recovery after the account is emptied is difficult but not impossible, especially where the money trail can be traced quickly.
Yes. Under CPA 2019, “deficiency in service” can include mental harassment, and Consumer Commissions routinely award compensation for it, depending on the amount lost and the circumstances. In criminal cases, the court can order the convicted accused to pay compensation to the victim, and BNSS 2023 also provides for victim compensation schemes (Sections 395 and 396).
Timelines vary widely by Commission and city. The CPA 2019 contemplates that complaints be decided expeditiously (with admissibility ordinarily decided within 21 days and disposal targeted within a few months of notice under Section 38), but in practice District Commission cases commonly take several months to a year or more. File an RTI to the Consumer Commission PIO to check case status and hearing dates if there is delay.
Yes. Under Bharatiya Sakshya Adhiniyam 2023 Section 63, electronic records (WhatsApp, Facebook Messenger, SMS, email) are admissible if:
Courts accept screenshots taken contemporaneously that clearly show sender details, timestamps, and message content. Avoid editing or cropping.
Fraudsters sometimes threaten “harassment” or “defamation” counter-complaints to intimidate victims. Under BNS 2023 Section 356 (defamation), truth/good-faith imputation for public good is a recognised defence; if your complaint rests on documented evidence, you are on strong ground. If a complaint to a Magistrate is found to be groundless, the law allows the Magistrate to order compensation to the person accused. Do not withdraw your complaint under threat; report any intimidation to the police/Magistrate (criminal intimidation is an offence under BNS 2023 Section 351).
Yes. Consumer Commissions commonly award interest on the refunded amount from the date of payment (or promised delivery) until actual refund; the rate is at the Commission's discretion. In civil suits, interest may be awarded under Section 34 of the CPC. In criminal cases, any compensation ordered is at the court's discretion.