You can complain to PayTM for getting the amount back and see if they can help you for returning the money that you paid. If the purchase was through the online portal of PayTM, then they may help. However, if the transaction was directly between the two of you and PayTM was used only for transfer of money, then PayTM may not of help; and in such situation, for recovering the amount, you may have to file a civil case in the court, which may not perhaps be worth the efforts since the amount involved is ₹ 2000 only.
Depending on detailed facts of your case, if the seller has acted dishonestly, then a cheating case under Section 420 IPC may also be made out. Otherwise, for abusive and threatening messages on WhatsApp, probably offences under Sections 504, 506 IPC may be applicable, depending on facts of your case. Previously, Section 66-A of the Information Technology Act, 2000, laid down punishment for sending offensive messages electronically, but now this section has been held to be unconstitutional by the Supreme Court and hence no offence can be registered under this section for that purpose.
If the police is not taking up your case or if your case is only a non-cognizable case (such as under Section 504, 506 IPC), then you can file the private complaint before the Magistrate court. You may contact some local lawyer for the procedure of filing private complaint. Otherwise, visit the local court, where you can get format of private complaint and you can directly file it in person without engaging an advocate.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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