Criminal Breach of Trust by Banker

I deposited some amount in an e-wallet like paytm, mobikwik etc (prepaid instruments) later performed a transaction at a merchant website that failed however my money was deducted from my e-wallet. The merchant later confirmed on email that they have not received any amount for the said transaction whereas the people at e-wallet administration maintain that they money has been charged by the merchant and cannot be returned to me and I need to wait for some 30-40 days. I suspect the e-wallet company as less credible. In such a scenario. 1. Does this make a case of criminal breach of trust on the company managing e-wallet as my money was primarily with the company managing e-wallet and it has failed to return my amount in-spite of clear e-mail by the merchant stating that they have not received any amount for transaction. If I were to file a consumer case can I invoke the power of forum(which is also a civil court) to proceed with criminal charges against the administration of e-wallet