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

A young student, Ajay Sharma, having just completed his 12th-grade examinations, aspired to build a career in the aviation industry, specifically in ground staff management. While searching online, he came across a website for the “Aviation Career Entrance Test” (ACET), which advertised an upcoming entrance exam for various aviation courses. To register for the exam, he paid a fee of ₹1,600. A few days after taking the online test, he received his results indicating he had passed with a high score, making him eligible for a scholarship.

The ACET portal then prompted him to pay ₹30,000 for “seat allotment,” assuring him that this amount would be adjusted against the total fees of the institute he chose. The catch was that to avail the scholarship, Ajay had to select an institute from a list provided exclusively by ACET. He chose the “Global Aviation Academy” (GAA) located in Mumbai.

Shortly after, Ajay received a call from a representative of GAA. They confirmed his details from the ACET portal and pressured him into paying an additional ₹20,000 for “admission enrollment,” creating a false sense of urgency by claiming seats were filling up fast. Worried about losing the opportunity, Ajay transferred the money.

After the payment, the institute promised to inform him about the course commencement date. However, weeks turned into a month with no communication. When Ajay finally called the institute, he was shocked to learn that their Mumbai branch had been shut down and his admission was unilaterally transferred to their Nagpur campus. He was never informed about this change. The Nagpur location was not feasible for him due to its distance and lack of proper accommodation facilities.

When Ajay and his father demanded a refund of the total ₹50,000, both ACET and GAA began giving evasive replies and delaying tactics. A visit to another local aviation training centre revealed the truth: such ground staff courses rarely require a dedicated entrance exam like ACET. It became clear that the entire process was a sophisticated scam to extort money from unsuspecting students under the guise of an entrance test, scholarship, and admission process.

Advice in such cases

If you find yourself in a similar predicament, it is crucial to act strategically and promptly. These situations involve a breach of trust and financial fraud, and there are legal remedies available.

• Gather All Evidence: Systematically collect all documents and digital records related to the transactions. This includes payment receipts, bank statements, screenshots of the website, all email and chat conversations, and any digital brochures or forms you filled out.
• Send a Formal Demand Notice: The first formal step is to have a lawyer send a legal notice to both the examination body (like ACET) and the institute (like GAA), demanding a full refund of the amount paid. This notice outlines your grievance and warns of legal action if the money is not returned within a specified period.
• File a Police Complaint: This is a case of cheating and potentially criminal breach of trust. You can file a complaint at your local police station or on the National Cyber Crime Reporting Portal (cybercrime.gov.in).
• Approach the Consumer Forum: Educational institutions fall under the category of service providers. A failure to provide the promised service or providing a deficient service is a valid ground for a complaint before the District Consumer Disputes Redressal Commission.
• 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

Under the new Indian penal laws, several sections can be invoked in such cases of educational fraud:

• Section 318 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section deals with cheating. Inducing a person to deliver any property (in this case, money) through deceitful means is a punishable offense. The actions of the institute and the portal, from the fake entrance exam to the false promises of admission, squarely fall under this section.
• Section 316 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section pertains to Criminal Breach of Trust. When the institute accepted your money for admission to a specific branch and then failed to provide that service or return the money, they committed a criminal breach of trust.
• The Consumer Protection Act, 2019: This Act protects your rights as a consumer. The institute’s failure to provide the promised course, the unilateral change of location, and the refusal to refund the fee amount to a deficiency in service and unfair trade practice.

If you are the complainant

As the person who has been defrauded, you are the complainant. Your role is to initiate the legal process to seek justice and recover your losses.

• Document Everything: Create a detailed timeline of events, from the first time you visited the website to the last communication demanding a refund. Attach copies of all evidence to this timeline.
• File a First Information Report (FIR): Go to the police station and submit a written complaint detailing the entire incident. Insist on the registration of an FIR under the relevant sections of the BNS. If the police are hesitant, you can send a written complaint to a senior police official like the Superintendent of Police.
• File a Consumer Complaint: You can file a complaint with the Consumer Commission online or offline. The process is designed to be user-friendly, but legal assistance can ensure your case is presented effectively.
• 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

If you are the victim

Realizing you are a victim of a scam can be distressing. It is important to remain calm and take immediate, calculated steps.

• Stop All Payments: Do not make any further payments to the institute or any related entity, no matter what threats or promises they make.
• Preserve Evidence: Take screenshots of everything immediately. Websites can be taken down, and chat histories can be deleted. Save all digital evidence in multiple places.
• Inform Your Bank: While a chargeback may be difficult for UPI or bank transfers, it is still worth informing your bank about the fraudulent transaction.
• 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

Often, the police at the local station might initially show reluctance to file an FIR, dismissing the case as a “civil dispute” or a mere “breach of contract.” They may advise you to go to court directly. However, it is important to stand your ground. Cheating and online fraud are cognizable offenses, and the police are duty-bound to register an FIR. If they refuse, you have the right to send a written complaint to the Superintendent of Police. If that also fails, a lawyer can help you file a complaint before the Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, asking the court to direct the police to register the FIR and investigate the matter.

FAQs people normally have

What evidence is required?

The more evidence you have, the stronger your case will be. Crucial evidence includes:

• Proof of Payments: Bank statements, UPI transaction IDs, screenshots of payment confirmation pages.
• Digital Communication: All emails, WhatsApp chats, text messages with the institute’s representatives.
• Website and Portal Records: Screenshots of the ACET website, the institute’s website, your user dashboard, the result page, and the list of institutes provided.
• Call Records: While you may not have recordings, your mobile phone’s call log showing the dates and times of calls to and from the institute’s numbers can be supporting evidence.
• Admission Documents: Any online form you filled out, any offer letter or confirmation email you received.

How long will the investigation take?

The duration of legal proceedings can vary. A police investigation can take a few months, depending on the complexity and the police’s workload. A case in the Consumer Commission is generally faster and aims for disposal within a few months to a year, especially if the evidence is clear. Sending a strong legal notice itself can sometimes lead to a quick settlement, as fraudulent entities may prefer to refund the money rather than face criminal and civil proceedings.

Advocate Sudhir Rao, Supreme Court of India