BHPian promodkumar recently shared this with other enthusiasts.
Mods please merge if the topic already exists.
Most of us buy stuff online, I too have bought numerous stuff from Facebook/olx. While buying from Facebook olx we always have a risk of loosing our money or not getting what was described by the seller.
I have a small YouTube channel and Instagram account connected to the channel and a lot of people ask me questions regarding legal options with these scammers, usually it google/phone pay/ PayTM, sometimes account transfers as well. I usually respond to such queries asking the victim to file a police complaint. I used to think that was sufficient until it happened to me.
It was during Covid when a scammer posted some spares, it was a bit cheaper than what was available locally and the amount was small so I decided to pull the trigger. 90% of my my hobbies lead me to olx and Facebook marketplace and I have never been cheated, so the first experience was a difficult one, it was a small amount but I was filled with rage. I finally decided to file a complaint. In Kerala, police has an app and I could raise a complaint. I received a call after a month and the cops called me to the station, they asked me if they can close the case, I asked them about the investigation and they just simply said nothing could be done. I was sore about police not helping, however more sore about not able to do anything to the scammer. It took me ages to recover from this, slowly I started being more diligent and finally I got little bit more careful.
Last week it happened again, this time I paid the money for some spare parts but it was never shipped. I am not sure if police case is the best option, looking for suggestions.
Here's what BHPian GTO had to say about this matter:
I understand your pain, but the police are inundated with such cases and all I can say is "caveat emptor" (buyer beware). Too many scammers online and I have seen the cops only give preference to the big ticket scams.
Either buy from a reputable seller, or exchange money & goods in person. If you pay a stranger, only do so if you are mentally prepared to lose it all. I'll take a 1000-buck risk with an unknown person, but not a 10000-rupee one. Heck, even for perfumes, I buy from Shoppers Stop instead of Amazon (because of fakes on Amazon).
Here's what BHPian mygodbole had to say about this matter:
Short answer: No, nothing can be done.
Longer version: A) UPI-based payment apps are 'volunteer' payments, that is the sender bears all responsibility and has no recourse in case of fraud. That is one of the basic reasons that UPI only allows relatively small amounts to be transferred.
B) Account transfers can be tracked but to recover the money is a lot of headache, and includes, but not limited to, a police complaint stating possible fraud and a separate complaint to your bank asking them to find out where the money went. If the bank wants, and is able to track the payee account holder, the police can politely ask him/her to return the money. If the payee says will not/cannot, neither the police nor the bank can do anything since, again, it the payer who initiates payment and is thus deemed a 'volunteer' transfer of funds.
I am not a lawyer or a financial world expert, but have seen enough of the banking world to know that unless a legally binding agreement is in force, any transfer of funds is considered 'voluntarily performed'.
An old phrase comes to mind, no offence intended: "Fool me once, shame on you; fool me twice, shame on me."
Here's what BHPian Bhargav7 had to say about this matter:
No no no. You don't pay cash first. FB marketplace is where I buy most of the cricket match tickets - It is the accepted practice that you meet in person and exchange goods/tickets with cash.
There is absolutely nothing that the police can do. The account to which you transferred money was mostly opened with a fake KYC of a daily wager or an innocent farmer.
And if the deal is too good to be true, walk away. Sorry to say this, but you got scammed twice?
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