The dealer is not responding to messages or calls — what are your step-by-step escalation steps?
A dealer's silence after receiving payment is itself evidence of deficiency — and potentially of fraudulent intent. The escalation sequence moves from documented informal demand to formal legal notice to consumer forum to FIR, with each step creating a documented record that strengthens the next. Never skip steps without documenting why you skipped them — the documented record of attempted communication is evidence that you acted in good faith while the dealer did not.
The six-step escalation sequence
Step 1 — WhatsApp demand message — screenshot with timestamp. State: amount paid, date, item ordered, what has not been received, deadline for response (3-5 days). This is your first documented contact demanding resolution. Step 2 — Email to any email address associated with the dealer — send with read receipt request. Attach: UPI screenshot, description of item ordered. Email creates a second documented communication channel with a timestamp. Step 3 — Legal notice by registered post — typically drafted by an advocate, citing specific legal provisions (CPA 2019, BNS §318 if fraud suspected), demanding refund within 15 days. Registration proves delivery. No response = evidence of deliberate non-compliance. Step 4 — Consumer forum complaint — file at the District Consumer Disputes Redressal Commission in your city. Attach all documentation: WhatsApp, UPI, legal notice, and evidence of non-response. Request ex parte proceedings if dealer continues to not respond. Step 5 — FIR at local police station — if the non-delivery after payment suggests deliberate fraud (dealer collected from multiple people, dealer has disappeared, UPI ID deactivated immediately after payment). BNS §318 (cheating). BNSS §173 requires police to register cognisable offences. Step 6 — Cybercrime portal complaint — if the transaction was through an online platform and the dealer's identity is unknown or the dealer appears to be part of an organised online fraud ring. File at cybercrime.gov.in. |
Why the sequence matters
Each step creates documentary evidence that the previous steps were taken. A consumer forum complaint with the WhatsApp demand message, the email, and the legal notice attached is a substantially stronger complaint than one filed with only the original payment record. The forum sees that the complainant made multiple documented attempts to resolve the matter before litigating — this goes to the good faith of the complainant and the bad faith of the dealer.
Police are sometimes reluctant to register FIRs for commercial disputes, treating them as 'civil matters.' The BNSS 2023 Section 173 requires police to register FIRs for cognisable offences — and deliberate non-delivery after payment is BNS §318 cheating, a cognisable offence. If police refuse: escalate to the Deputy SP or file a complaint under BNSS Section 175 for wrongful refusal to register an FIR.
Laws & authorities referenced in this chapter
Consumer Protection Act 2019 — §35 (filing complaint; ex parte proceedings if opposite party absent)
BNS 2023 — §318 (cheating — non-delivery after payment if deliberate)
BNSS 2023 — §173 (police must register FIR for cognisable offence), §175 (wrongful refusal to register)
IT Act 2000 / cybercrime.gov.in — cybercrime complaint portal
Six steps: WhatsApp demand → email → legal notice → consumer forum → FIR → cybercrime portal. Document each step — timestamp everything. Consumer forum is the most practical remedy for most disputes. FIR for deliberate fraud. Cybercrime portal for anonymous online fraud. If police refuse FIR: BNSS §173 requires registration for cognisable offence; escalate to Deputy SP if refused. Each documented step strengthens the next.
This is educational content, not legal advice. For a specific situation, please consult a qualified legal professional. Excerpted from Currency, Coins & The Law by Mayank Agarwal, Part 15: Dealer Disputes — Fake Items, Escalation, Identity & the Full Remedies Framework.