If you are stuck in such a situation, here is what to do.

A student, Mr. Sameer, was allegedly defrauded by an educational consultancy named “Future Path Academics” located in Sector 15, Navinagar. He had paid an initial amount of ₹20,000 to the consultancy based on their promise to reserve a seat for him in a well-known private college under the management quota. The consultancy, which he discovered through a popular social media influencer, Mr. Rohan Joshi, had explicitly stated that this booking amount was fully refundable if the student chose not to take the seat.

Sometime later, the consultancy contacted Mr. Sameer, asking for an additional payment of ₹7-8 lakhs as a donation to confirm the admission. Mr. Sameer declined this offer and, as per their initial agreement, requested the refund of his ₹20,000. However, the representatives of Future Path Academics have since become uncooperative and have not refunded the amount, giving him constant excuses. Mr. Sameer is now in a difficult position, worried about his financial loss and the unethical conduct of the consultancy.

Advice in such cases

• Gather all communication records, including emails, text messages, WhatsApp chats, and any call recordings with the consultancy.
• Collect all financial transaction details, such as bank statements, UPI transaction IDs, or receipts showing the payment made.
• Send a formal legal notice to the consultancy through a lawyer, demanding the refund of your money. This often resolves the issue without further legal action.
• If the notice is ignored, you should file a formal complaint at the local police station.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

Applicable Sections of Law

Such cases typically involve elements of cheating and criminal breach of trust. The relevant legal provisions under the new Indian laws are:

• Section 316 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with Criminal Breach of Trust. If the consultancy was entrusted with your money for a specific purpose (booking a seat) and they dishonestly misappropriated it or refused to return it, this section applies.
• Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section addresses Cheating. If the consultancy had a dishonest intention from the very beginning to deceive you and take your money without any real intention of providing a seat or refunding the amount, it constitutes cheating.

If you are the complainant

As the person who has been cheated, you are the complainant. Here are the steps you should take:

• Draft a detailed written complaint mentioning the entire sequence of events, including dates, names of people you interacted with, amounts paid, and promises made.
• Attach copies of all the evidence you have gathered (chats, payment proofs, etc.) with your complaint.
• Submit the complaint to the Officer in Charge of your local police station. Ensure you get a receiving copy (a stamped acknowledgment) of your complaint.
• If the police are unresponsive, you can escalate the matter to a senior police officer, like the Superintendent of Police (SP) or Commissioner of Police.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think
• As a last resort, your lawyer can file a private complaint before the Magistrate under Section 156(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking a direction for the police to register an FIR and investigate.

If you are the victim

Being a victim of fraud can be stressful. Your immediate focus should be on securing your legal position and initiating recovery.

• Do not engage in any aggressive or threatening communication with the consultancy, as it might weaken your case. Keep all interactions formal and documented.
• Immediately secure all digital evidence. Take screenshots of websites, social media profiles, and advertisements related to the consultancy.
• Create a timeline of events to present a clear and coherent case to your lawyer and the police.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

How the police behave in such cases

Police response can vary. In some instances, the police might initially perceive the matter as a civil dispute (a simple breach of contract) rather than a criminal offense. They may be reluctant to file an FIR and suggest that you approach a civil court. However, if your complaint, drafted with the help of a lawyer, clearly highlights the element of fraudulent intent and deception from the beginning, the police are more likely to register an FIR under the relevant sections of the BNS. Persistence and a well-articulated complaint are key to ensuring police action.

FAQs people normally have

• Is this a criminal or civil case?
  It can be both. The refusal to refund money is a breach of contract (a civil wrong). However, the act of taking money with a deceptive intention from the start makes it a criminal offense like cheating. You can pursue both criminal and civil remedies simultaneously.
• Can I get my money back by filing an FIR?
  The primary purpose of an FIR is to set the criminal law in motion and punish the wrongdoer. While the criminal court can order compensation to the victim, a more direct way to recover your money is by filing a civil suit for recovery or a complaint in the consumer forum. Often, the pressure of a criminal case can lead the accused to settle the matter and refund your money.
• What if the consultancy is run by influential people?
  The law is the same for everyone. If you have strong evidence, the influence of the accused should not deter you from seeking justice. A good lawyer can help you navigate the system effectively, irrespective of the accused’s status.

What evidence is required?

Strong evidence is crucial for a successful outcome. You should gather:

• Proof of Payment: Bank account statements, UPI transaction history, screenshots of payment confirmation, or any cash receipt.
• Communication Records: Copies of emails, screenshots of WhatsApp/SMS conversations, and if possible, call recordings where the refund was promised or discussed.
• Promotional Material: Brochures, pamphlets, or screenshots of the consultancy’s website or social media pages where they advertised their services and refund policy.
• Witnesses: If anyone else was present during your conversations or has faced a similar situation with the same consultancy, their statement can be valuable.

How long will the investigation take?

The duration of a police investigation is not fixed. It can take anywhere from a few months to over a year, depending on several factors. These include the complexity of the case, the workload of the investigating officer, the traceability of the accused, and the cooperation of various parties. Your lawyer’s regular follow-up with the police can help expedite the process. After the investigation, the police will file a final report (chargesheet) in court, and the trial will commence.

Advocate Sudhir Rao, Supreme Court of India