One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: A student and her father lost Rs 25,000 to a fake consultancy promising backdoor entry into a university. That money can be recovered, and the remaining Rs 75,000 is not payable. File a criminal complaint for cheating under BNS Section 318 and a simultaneous civil suit for refund—speed matters here.
Riya Sharma, an 18-year-old from Indore, had just cleared her Class XII exams and set her sights on Hyderabad’s prestigious University of Hyderabad (UoH). Her father Vikram, stretched thin with work, saw a flurry of ads and calls from an educational consultancy called CareerNext Solutions. They had a plush office in a popular commercial complex off AB Road. Their pitch was simple: UoH admissions run through a backdoor route. Without it, a seat was nearly impossible. The Sharmas paid Rs 25,000 upfront on 22 May 2025, with a promise to pay Rs 75,000 more after the admission letter. A week later, the university published a circular. It warned students about exactly this kind of fraud. Riya panicked. She realised the consultancy had merely filled a one-time application form—something she could have done herself in an hour. She tried getting the Rs 25,000 back. Calls went unanswered. Her father was furious. They had already lost money and precious time. Their first attempt was through a local lawyer who sent a generic legal notice. Nothing moved. The firm grew more evasive. Then, on a family friend’s recommendation, they approached the office of Advocate Sudhir Rao. Rather than fire off another notice, the chamber first mapped the scam: a web of multiple complaints, similar modus operandi, and unregistered offices. Advocate Sudhir Rao’s experience in consumer fraud and cybercrime helped craft a dual strategy—a swift criminal complaint that would trigger police action, paired with a civil suit for recovery. Within weeks, the police registered an FIR. The consultancy, pressed from two sides, agreed to a full refund plus compensation to avoid further litigation.Key Facts of the Case
- A student paid Rs 25,000 to a private consultancy that falsely promised backdoor admission to a central university.
- The consultancy had no official tie-up with the university and used fake claims of a “quota” to induce payment.
- The university had issued a public warning that such backdoor routes were fraudulent.
- The student terminated the engagement and demanded a refund of the initial payment, plus sought to avoid the contingent Rs 75,000.
- The accused firm refused to respond to initial legal notices and later denied any wrongdoing.
- Advocate Sudhir Rao and his office filed a criminal complaint under BNS Section 318 and simultaneously initiated civil proceedings for refund.
The Direct Legal Answer
Yes, you can get your Rs 25,000 back. The fraud you described—false promise of a backdoor admission—is cheating under the law. It makes the contract void because your consent was taken by fraud. You owe zero rupees more. The company cannot legally claim the remaining Rs 75,000. Blocking them and walking away means you lose the money already paid. A criminal complaint, when backed by evidence like payment receipts and the university’s warning circular, puts real pressure on the accused to return the money and face prosecution. So don’t just block them—act legally.
Can I just refuse to pay the remaining Rs 75,000?
Absolutely. Since the entire arrangement was based on a lie, you are not bound by any oral or written promise to pay the rest. The very foundation of that agreement is fraudulent. Even if they send a demand notice, they have no legal leg to stand on.
Advice in Such Cases
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 to 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.
Report the scam immediately on the National Cyber Crime Reporting Portal or by dialling 1930. This creates a digital trail. Then, gather all your evidence—SMSes, WhatsApp chats, bank transfer details, and the official university warning. These are gold. Don’t engage with the fraudsters one-on-one anymore. Every word you say can be twisted later. Let your advocate handle all correspondence.
This is not a routine money recovery dispute. Education fraud involves fast-moving evidence—advertisements vanish, phone numbers get disconnected, offices move overnight. Engaging an advocate who regularly handles consumer fraud and cybercrime makes a critical difference. They know how to trace the money and which agency moves fastest.
Applicable Sections of Law
- Section 318, BNS (Cheating): Criminalises dishonestly inducing delivery of property or money through a false representation.
- Section 319, BNS (Cheating by personation): Applies if the fraudster pretended to have an official university connection.
- Section 66D, Information Technology Act: Punishes cheating by personation using any communication device—relevant because the scam used phones and ads.
- Indian Contract Act, Section 17 & 19: Defines fraud and makes the agreement voidable at your option, enabling a refund.
Punishment and Penalties
Cheating under Section 318 BNS carries imprisonment up to one year, or a fine, or both. If the cheating caused wrongful loss amounting to more than Rs 10,000, punishment can extend to three years and a fine. The offence is non-cognizable, bailable, and compoundable with the victim’s consent. Where Section 66D IT Act is also invoked, imprisonment may extend to three years and a fine. These penalties help force a settlement and refund when the accused face arrest.
Jurisdiction — Where to File the Case
The FIR should be filed at the police station where the money was paid or where the fraud took place—here, the area where the consultancy’s office is located in Indore. If the transaction happened online, the cyber crime cell also has jurisdiction. You can also approach the nearest Magistrate under Section 175(3) BNSS if the police refuse to register a complaint. For a civil recovery suit, the court with pecuniary jurisdiction over the amount (Rs 25,000) would be a Junior Division Civil Court in Indore.
What if Police Refuse to File FIR?
It’s a common hurdle. But don’t stop.
- Send a written complaint to the Superintendent of Police (SP) under Section 173(4) BNSS. The SP can direct investigation.
- File a private complaint before the jurisdictional Magistrate under Section 175(3) BNSS. The court can order the police to register an FIR.
- As a last resort, a writ petition in the High Court under Article 226 can compel police action.
- The key is to keep everything documented—written complaints with acknowledgement stamps.
Rights of the Accused
- Right to remain silent and not be compelled to incriminate themselves (Article 20(3) of the Constitution).
- Right to legal representation from the moment of arrest (Article 22).
- Right to be produced before a Magistrate within 24 hours of detention.
- Right to a copy of the FIR and to know the grounds of arrest.
- These safeguards ensure fairness even while the investigation proceeds.
Bail Provisions
Since cheating under Section 318 BNS is non-cognizable and bailable, the accused can get bail from the police itself. However, if additional sections like Section 66D IT Act are applied, the offence may become cognizable and non-bailable. Anticipatory bail under Section 482 BNSS can be sought if arrest is anticipated. Regular bail, if needed, is filed under Section 480 or 483 BNSS. In practice, the threat of arrest often prompts a settlement and refund.
Quashing of FIR / Case
Under Section 528 BNSS, the High Court can quash an FIR if it appears no prima facie offence is made out, or if the matter is an abuse of process. In a cheating case like this, quashing is rarely granted when there is clear evidence of misrepresentation. However, if the parties reach a settlement and the offence is compoundable, a joint petition to quash can be filed after returning the money.
If You Are the Victim
- Don’t delete a single message or call log from the consultancy—these are your primary evidence.
- Bank statements showing the payment are critical; download them immediately.
- Do not confront the fraudsters alone or threaten them in any way. It can backfire.
- File a complaint online at the National Cyber Crime Reporting Portal or call 1930.
- Engage a lawyer promptly—delay can lead to the disappearance of the accused.
Documents You Must Keep Ready
- Copy of your Aadhaar and PAN card for identity.
- Bank statement or UPI transaction screenshot clearly showing the Rs 25,000 transfer.
- Printed or PDF copies of all WhatsApp chats, SMSes, and call logs with the consultancy.
- The official university circular or public notice warning about backdoor admissions.
- Any signed agreement, receipt, or visiting card from the consultancy.
- Photographs of the consultancy’s office, if you have them.
- Call recording, if legally obtained, where they make false claims.
What Evidence Is Required?
- Written and oral misrepresentations: advertisements, pamphlets, call recordings, WhatsApp texts claiming a backdoor route.
- Proof of payment: bank entries, UPI history, cash receipt.
- The university’s denial: the official warning circular, which directly contradicts the fraudster’s claims.
- Witnesses: a friend or family member who accompanied you to their office can corroborate statements.
- Digital metadata: dates and times of calls/messages to establish the timeline.
- Documentary evidence carries the most weight. Secondary evidence like screenshots needs a certificate under the Evidence Act for full admissibility, but a lawyer will handle that.
How the Police Behave in Such Cases
For a non-cognizable offence, the police may initially be reluctant to register an FIR. They might treat it as a civil dispute. That’s where a professional complaint with the right legal citations makes a difference—coupled with a request to treat it as a cyber complaint under the IT Act. Once the FIR is lodged, the investigation usually involves freezing bank accounts and verifying office addresses. In many education scam cases, the police uncover multiple victims quickly, strengthening your position.
Timeline of Legal Process
- FIR registration: ideally within days of approaching the police or cyber crime portal.
- Investigation: can take 30 to 60 days for evidence collection and running bank traces.
- Chargesheet filing: within 60–90 days from FIR, depending on complexity.
- Cognizance and framing of charges: another 1–2 months in court.
- Trial: may take 6–12 months if the accused contests; many such cases end in settlement before trial.
- Civil suit for recovery: a summary suit under Order 37 CPC can yield a decree in 4–6 months if documents are clear.
How Long Will the Investigation Take?
Police investigation for a cheating case like this typically wraps up in 60–90 days. If the matter is cyber-reported, the cyber crime cell may act faster, especially if they spot a recurring scam. After gathering evidence and tracking the accused’s bank accounts, the police file a chargesheet. If the accused cooperates, a Lok Adalat settlement can be reached even earlier.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes. Since cheating under Section 318 BNS is compoundable, the parties can settle with the court’s permission and without a protracted trial. A Lok Adalat can also resolve it fast—both the criminal and civil aspects. Mediation is another route. In many such cases, once an FIR is filed, the fraudsters rush to return the money to get the case quashed. Settlement saves time and legal expenses, but you should never settle without full refund and a written agreement drafted by your advocate.
Common Mistakes People Make
- Delaying action: waiting weeks while the fraudsters shut shop or move cities.
- Deleting messages or call logs out of frustration—this destroys crucial evidence.
- Confronting the accused directly and getting into verbal altercations that can be twisted into counter-complaints.
- Posting about the scam on social media before a legal case is built, which can tip off the fraudsters and lead to destruction of evidence.
- Approaching a lawyer who does not regularly handle education fraud or cybercrime. Such cases need specific knowledge of the IT Act and BNSS procedures; a general practitioner may treat it as a simple money recovery and miss the criminal leverage.
- Not obtaining the university’s official circular or warning in time—this is often the single most powerful piece of evidence.
FAQs People Normally Have
Is it safe to block the consultancy and ignore them? Blocking alone doesn’t get your money back. File a complaint first. Then you can block them on the advice of your lawyer to avoid further harassment.
Can I file a case without a lawyer? You can, but a lawyer ensures the complaint is drafted with the correct legal sections and that procedural gaps don’t weaken your case. Self-filed complaints often get shunted as civil disputes.
What if the consultancy has shut down its office? Even if the physical office is closed, bank account details and mobile numbers can be traced through cyber investigation. Many such scams are busted through digital trails.
Will I have to go to court repeatedly? Possibly, but if the accused settles early, your presence may be required only a couple of times. A civil suit can be prosecuted through your lawyer.
Can I get compensation beyond the refund? Yes. In a civil suit, you can claim damages for harassment and mental agony. The court may also award costs.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a criminal lawyer in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.