File FIR first for cheating and fraud.

Then file suit in civil court for recovery of money and compensation.

Hello, 

1. You cam sue him for recovery as you have proof of payment and promised service/goods not rendered.
2. You need to have his address in India and the US to effectively serve the court summons on him. 
3. You must issue him a legal notice demanding immediate delivery or refund. If he fails to comply you will need to file a suit for recovery. 

Yes, under cyber crime you can book against him fraud complaint.

File police complaint against fraudster for cheating and criminal breach of trust under section 406, 420 of IPC 

If you have his address send him legal notice to deliver phone or refund your money 

your chances of recovery of money are bleak 

File criminal complaint against them u/s 406 420 of ipc. 

Hello, 

1. The fact is that you do not have an option to file for a recovery without the basic information about the offender. You ought to have exercised due diligence before transferring the amount to an unknown individual. 
2. The only way out is to lodge a complaint with the local police providing them with the mobile number if the accused. The chances are that he is a habitual fraudster. 

You may lodge police complaint or file civil suite. You may ask the court to get address of such guy from the bank on the basis of his account number.

Move an application against both of them I. e the person who is in US and the person in whose account you transferred money. 

That both of them in conspiracy with other cheated you and grabbed your money. 

Bank detail attached wd your application

Police during investigation will take complete details from bank 

Go to the site whois.net and put the domain name. It will generate details of owner.

See you can file a case of cheating and breach of trust before police station account details and other conversation with said person can be produced before the police.

See give bank details to police from same they will find out the address of the said person.

Send an advocate to the bank and bank will provide the address of the person you may send a legal notice as he is recipient of the money.

You may file a case of cheating and misappropriation under 420 and 506 against both of them first party being the person who received the money in his account.

- For complaining against him , you brother has enough details , i.e ,bank details, mobile number and also the site from where he approach him for the delivery of the said phone.

- Your brother should register a cyber crime FIR at the nearest local police station .

- Dont worry , As per Section 154, Code of Criminal Procedure, every police officer is bound to register the information/complaint of an offense, irrespective of the jurisdiction in which the crime was committed.

- Provide all the above said information to the police.

- Sure you brother will get refund and the culprit will be punished.

- Since, your brother not having his address , hence filing a recovery case is not possible.

Dont forget to rating positively.

You need to file cheating case against him but it's difficult to prosecute him in india

You need to lodge FIR against that person and the person on whose name that local account is.

The FIR should be lodge in economic offence sell of police.

You cannot sue this person whose address is not known.

You can give a complaint with the local police for the offences of cheating.

You can state that you do not have his address but you have phone number and the bank account details.

The police will be able trace him out from the address as recorded in the bank account and may initiate suitable action accordingly.

As you rightly apprehend that the banks wont share the address details of its customers., you may give a complaint to the police who will be able to procure the same and initiate proper legal action as per law for recovery or at least to punish the culprit.

Dear Sir,

Cheated in online shopping or otherwise ? Here is how you can get justice

Not futile to pursue online vendors who fail to deliver promised goods and services. Chitra Vittal from Bangalore wins out-of-court settlement from online vendor of cakes

Far too many of us have felt cheated by online vendors but have let it go because of the apparent futility of fighting for our rights. However, Chitra Vittal’s story tells us that it is indeed possible to win out-of-court settlements with online vendors with the help of consumer rights organizations like the International Consumer Rights Protection Council (ICRPC).

Chitra Vittal from Bangalore ordered a combo package including cake from Flowers n Cakes to India, an online florist and gift store that guarantees same day delivery and the “delivery of fresh products – always.”Flowers n Cakes to India failed to deliver the product on the specified day, and when they finally did deliver it the next day, the cake was “smashed up, made of cheap wine” and of a quality that was entirely unacceptable to the customer.

When Ms Vittal attempted to complain about the non-delivery of the product on the scheduled day, she found that the customer care numbers displayed on the website were not attended. She managed to find contact details of their Hyderabad-based sub-vendor, only to be told that they had only received their orders from Flowers n Cakes to India the morning after the scheduled date.
 

Five days later, Ms Vittal complained about the delayed delivery of a substandard product over a chat conversation with the company representative, Rahul, who, according to her was rude and paid no heed to her complaints.

Ms Vittal then approached Arun Saxena, President of ICRPC, which runs a consumer helpline. Mr Saxena sent an email to the vendor on behalf of Ms Vittal, informing them that they had conducted Unfair Trade Practices under Section 2 (1) (r) of the Consumer Protection Act. If the vendor did not refund the full amount to Ms Vittal and pay Rs50,000 as compensation for her losses, harassment and inconvenience, Mr Saxena said, severe action would be initiated against them, seeking higher compensation of Rs1 lakh with the legal costs.
 

What ensued was a series of emails exchanged among Mr Saxena, Ms Vittal and Flowers n Cakes to India, where the vendor attempted to seek refuge in its disclaimer against “unavoidable delays”. Ms Vittal felt that the vendors entirely ignored the accusation of no-response to complaints and were repeatedly rude to her. The emails reveal comments from the vendor to the tune of “If she doesn’t understand simple English language then it’s not our responsibility” and “she is the only one who we can call Fake”.  

When Mr Saxena finally said that the matter was headed to consumer court and they would have to appear in person to justify their position, Flowers n Cakes to India beat a hasty retreat. With a sudden and radical change of tone, it sent a politely apologetic email to Ms Vittal, with the promise of a full refund on the same day.