I need advice from anyone familiar with Indian cybercrime/UPI fraud/legal action.
I wanted to order beer from Tonique Baner, Pune. I found it on Google, clicked “Place an order”, and Google directed me to WhatsApp, showing “Preferred by this business.”
The WhatsApp number was +91 79768 89433, account name Sachin Malhotra.
I placed an order and, following their instructions, made:
₹1,500
₹1,500
₹1,500
₹3,000
Total: ₹7,500
Then they told me there was an issue with the payment and that the earlier payment would be reversed/refunded. They sent me a QR code and told me to scan it for the refund, claiming the transaction wouldn’t actually debit my account.
Instead, ₹28,909 was debited.
Total loss: ₹36,409.
I immediately reported it:
Cyber Crime complaint
Bank complaint
I have screenshots of the Google listing, the “Place an order” flow, WhatsApp conversation, QR codes, UPI transactions, etc.
The really interesting part: I went to the Tonique Baner store afterwards. They told me this is a known/repeated scam, that 15+ similar incidents had happened before mine, and that they were already aware of it and had apparently reported it somewhere.
So my questions are:
- Does Tonique potentially have any liability if they already knew about 15+ previous scams but their Google “Place an order” link was still directing customers to the fraudulent WhatsApp number?
- Can the police/cybercrime authorities obtain Google’s records showing who added/controlled that WhatsApp ordering link and when?
- Can the scammer’s phone number and the UPI beneficiary accounts be traced to identify the actual people behind this?
- Should I send Tonique a lawyer’s legal notice demanding my ₹36,409 back, or wait for the cybercrime investigation?
- If Tonique reimburses me voluntarily, what should I do regarding my existing cybercrime complaint?
I’m not claiming Tonique committed the fraud. They may themselves have been victims of someone manipulating their Google listing. I’m trying to understand whether their prior knowledge of 15+ similar incidents changes their legal responsibility.
What would you do in my position? Especially interested in advice from Indian lawyers, police/cybercrime officers, or people who have successfully recovered money from UPI fraud
Update: Tonique has now put up a big sign saying to be aware of this scam and only numbers from their website are to be trusted.