Legal Options for Unpaid Graphic Designer: Recovering Payment for Services

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 17-year-old graphic designer worked for nearly a year for a student-run conference organiser who promised ₹8,000 payment plus a certificate. He got the certificate but no payment. The organiser then cancelled the event, allegedly misused funds, and blocked everyone. Legal remedies include a criminal complaint for cheating under Section 318 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and a civil recovery suit for breach of contract under the Indian Contract Act, 1872. Act fast — limitation periods and evidence preservation are critical.

Arjun Menon, a 17-year-old graphic designer from Indore, spent nearly a year creating promotional materials, social media graphics, and branding for a Model United Nations conference. The organisers, led by a teenager named Rohan Gupta, promised him ₹8,000 plus a certificate and letter of recommendation. He received the LOR and certificate but never a single rupee. After months of work, the event was abruptly cancelled. Rumours circulated that Rohan had spent registration fees — over ₹2 lakh from 100+ participants — on personal expenses. He told Arjun to recover his payment from the event's financial advisor. Then he blocked everyone. Arjun tried contacting Rohan's mother. She offered to pay "as a favour" but only what she thought was appropriate. Arjun reduced his fee to ₹6,000 out of goodwill. That week passed. No payment came. Frustrated, Arjun approached the Chamber of Advocate Sudhir Rao. Earlier attempts with a general practitioner had led nowhere — the lawyer didn't understand how to frame a case for unpaid work without a formal contract. Advocate Sudhir Rao's office immediately identified the dual strategy: a criminal complaint for cheating and a civil recovery suit. The expertise in handling such mixed-nature cases — where work was performed under an oral agreement and the other party had allegedly misappropriated funds — helped secure a legal notice that got the family's attention. Within weeks, the matter moved toward a settlement.

Key Facts of the Case

• Arjun Menon, a 17-year-old graphic designer, worked for Rohan Gupta's MUN conference for nearly one year.
• An oral agreement for ₹8,000 payment plus a letter of recommendation and certificate was made. The LOR and certificate were provided, but ₹8,000 was never paid.
• The conference was cancelled after collecting over ₹2,00,000 in registration fees from over 100 participants. No refunds were issued.
• Rohan allegedly misused event funds for personal expenses and blocked Arjun when payment was demanded.
• Rohan's mother acknowledged the debt but refused to treat it as a legal obligation, calling it a mere "favour."
• Arjun voluntarily reduced the claim to ₹6,000, but no payment was made within the promised week.
• The case involves both a criminal element (cheating under BNS) and a civil element (breach of contract under the Indian Contract Act).

The Direct Legal Answer

Your friend has two distinct legal pathways — and they can run in parallel. Here's what to do.

Can he file a police complaint?

Yes. Section 318 of the BNS (cheating) is squarely applicable. The organiser induced your friend to work by promising payment, had no intention of paying from the start, and then disappeared with the funds. That's cheating. File a complaint at the police station where the organiser resides or where the work was performed. Since he's 17, he can file through a parent or guardian.

What about a civil recovery suit?

Absolutely. Under the Indian Contract Act, 1872, an oral agreement for services is enforceable. The promise of ₹8,000 in exchange for graphic design work is a valid contract — even though it's not written down. A civil suit for recovery of money can be filed in the court of the Civil Judge (Junior Division) having jurisdiction. The limitation period for breach of contract is three years from the date payment was due.

Can he file a complaint with the consumer forum?

It's a stretch — and typically not the best route here. The consumer forum requires a "service" provided for a "consideration" in a "consumer relationship." Your friend was an independent contractor, not a consumer of services. A civil suit is more straightforward.

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.

Second, preserve all evidence — WhatsApp chats, emails, screenshots of the agreement, the LOR and certificate, and records of the mother's call. Digital evidence is key.

Third, send a formal legal notice. A lawyer-drafted notice often shakes the other side into negotiating. It puts them on notice that you mean business.

Matters like this — where the line between civil breach and criminal cheating is thin — require advocates with domain-specific experience. A general practitioner might file only a recovery suit and miss the criminal angle entirely. The right strategy gets results faster.

Applicable Sections of Law

• Section 318 of the Bharatiya Nyaya Sanhita (BNS), 2023 — Cheating. Covers inducing a person to deliver property or perform work by deception, with dishonest intent from the beginning.
• Section 319 of the BNS, 2023 — Cheating by personation. If false identity or credentials were used to induce the contract, this applies.
• Section 73 of the Indian Contract Act, 1872 — Compensation for loss or damage caused by breach of contract. This is the civil remedy for unpaid work.
• Section 2(h) read with Section 10 of the Indian Contract Act, 1872 — Defines a contract and what constitutes a valid agreement. Oral agreements for services are enforceable if all essentials (offer, acceptance, consideration, lawful object) are present.

Punishment and Penalties

Under Section 318 BNS (Cheating): Imprisonment up to 7 years and fine. The offence is cognizable (police can arrest without warrant), non-bailable (bail is not a right but at court's discretion), and non-compoundable (cannot be privately settled and withdrawn without court approval).

Under Section 319 BNS (Cheating by personation): Same punishment range — up to 7 years imprisonment and fine.

Jurisdiction — Where to File the Case

For the criminal complaint, file at the police station where the organiser resides or where the work was performed (Indore in Arjun's case). The Magistrate's court having territorial jurisdiction over that police station will take cognizance.

For the civil recovery suit, file in the court of the Civil Judge (Junior Division) of the place where the defendant resides, or where the contract was performed, or where the payment was due. Pecuniary jurisdiction: suits up to ₹10 lakh typically go to Civil Judge (Junior Division). Since the claim is only ₹6,000–₹8,000, jurisdiction is clear.

What if Police Refuse to File FIR?

Unfortunately, this happens often — especially when the dispute looks "civil" to a busy station officer. Here's the ladder of remedies:

• Approach the Superintendent of Police (SP) under Section 173(4) of the BNSS, 2023, with a written complaint and all evidence.
• If that fails, file a private criminal complaint before the Magistrate under Section 175(3) of the BNSS, 2023. The Magistrate can direct the police to investigate.
• As a last resort, file a writ petition before the High Court under Article 226 of the Constitution, seeking direction to register the FIR.
• Do not threaten the police officer. Stay polite, firm, and document every visit with written applications and acknowledgements.

Rights of the Accused

Your friend should understand the accused's rights too, because the organiser (and his family) will likely raise them:

• Right to remain silent and against self-incrimination under Article 20(3) of the Constitution.
• Right to legal representation under Article 22(1).
• Right to be produced before a Magistrate within 24 hours of arrest (Section 57 BNSS).
• Right to a copy of the FIR and to know the grounds of arrest (Section 50 BNSS).
• Right to bail (if the offence is bailable) or to apply for bail (if non-bailable).

Bail Provisions

Cheating under Section 318 BNS is non-bailable. That means bail is not automatic — the accused must apply to the court. But here's the thing: courts rarely deny bail for first-time, low-value cheating cases unless there's a flight risk or evidence tampering.

• Anticipatory bail: The accused can apply under Section 482 BNSS before arrest, if they fear arrest.
• Regular bail: After arrest, apply under Section 480 or 483 BNSS. Typical conditions include a personal bond, surety, and undertaking not to tamper with evidence.
• Your friend's lawyer should be prepared to oppose bail if the accused is likely to destroy evidence or intimidate witnesses — but in a case of this size, bail is usually granted.

Quashing of FIR / Case

The accused (organiser) may approach the High Court under Section 528 BNSS to quash the FIR. Grounds could include:

• The dispute is purely civil and no criminal intent exists.
• No prima facie case for cheating — i.e., no evidence of dishonest intention at the time of promise.
• The matter has been settled between the parties.

Your friend should be prepared for this. The best counter is strong evidence that the organiser never intended to pay — collecting registration fees and then disappearing is classic evidence of dishonest intent.

Limitation Period

For a civil recovery suit for breach of contract, the limitation period is three years from the date the payment became due. That's Article 55 of the Limitation Act, 1963. In Arjun's case, the payment became due when the event was cancelled (around early April 2025) or when the mother's one-week promise expired. He has time — but don't waste it.

Important: The limitation clock for the criminal complaint (cheating) does not run the same way. Criminal offences do not have a strict limitation for filing a complaint — but delay without explanation weakens the case. File promptly.

Interim Reliefs Available

In a civil recovery suit, your friend can seek interim reliefs even before the final hearing:

• Attachment before judgment under Order 38 Rule 5 CPC: If the defendant is likely to dispose of assets or leave the jurisdiction, the court can attach their property to secure the claim. This requires strong evidence of likely evasion.
• Injunction under Order 39 Rules 1 and 2 CPC: Not typically needed here, but if the defendant is threatening to destroy evidence, a court can restrain them.
• Appointment of a receiver in rare cases — not applicable for a ₹8,000 claim.

These interim remedies are powerful. But they require the plaintiff to satisfy the court of a prima facie case, balance of convenience, and risk of irreparable harm.

If You Are the Victim

• Stop communicating directly with the organiser or his family. Let your lawyer handle all contact.
• Preserve every digital record — WhatsApp chats, emails, social media messages, screenshots of promises and blocking.
• File a police complaint promptly. Don't wait for the "right moment."
• Consult a lawyer who handles both criminal and civil remedies — don't rely on a single-track approach.
• Consider sending a legal notice before filing the suit. It may save time and cost if the other side settles.

Documents You Must Keep Ready

• Aadhaar card or other identity proof of the victim.
• All WhatsApp chat screenshots showing the agreement, promises, and blocking.
• Emails or messages confirming the work deliverables sent to the organiser.
• The letter of recommendation and certificate received — prove the work was completed.
• Receipts, invoices, or any billing documents (even informal ones).
• Bank statements showing any partial payment received (₹2,500 earlier).
• Record of phone calls — call logs or recordings (if legally obtained with consent).
• List of witnesses — other staff or participants who can confirm the arrangement and non-payment.

What Evidence Is Required?

• Primary evidence: Original digital files — work samples, screenshots, email chains, WhatsApp backups. Print and preserve them.
• Secondary evidence: Certified copies of the LOR and certificate, if needed.
• Oral evidence: The victim's own testimony and that of other staff members who were similarly unpaid.
• Documentary evidence: Any written or typed agreement, even an informal one. The mother's phone conversation — if recorded with her consent — can be crucial.
• Circumstantial evidence: The sudden cancellation, non-refund of participant fees, and the organiser's disappearance all point to dishonest intent.
• The standard of proof in a criminal case is "beyond reasonable doubt"; in a civil suit, it's "preponderance of probabilities." Different evidence thresholds apply.

How Courts Typically Approach Such Cases

Civil courts are quite practical when it comes to unpaid professional work. If you can show that the work was performed, that the deliverables were accepted (or the LOR issued acknowledging them), and that payment was promised, the court will generally order recovery. The organiser's defence — that it was a "favour" or "informal arrangement" — rarely holds if the victim can demonstrate a clear mutual understanding. Courts also look at conduct: the organiser's blocking of the victim and the mother's ambiguous "favour" language may harm the defence. However, courts are cautious about labelling every unpaid contract as "cheating." The criminal court will need clear evidence that the intention to cheat existed at the time the promise was made — not just that payment was later defaulted.

Timeline of Legal Process

• Day 1–7: Send a legal notice through a lawyer. This often triggers a response — either a settlement offer or a denial.
• Week 2–3: If no response, file a police complaint (criminal). Police may take 1–4 weeks to register FIR and start investigation.
• Month 2–6: Investigation — statement recording, evidence collection, forensic analysis of digital records. For a low-value case, this may be quick or slow depending on the station.
• Month 4–8: Chargesheet filing (if criminal) or filing of civil suit. Civil court will issue summons to the defendant.
• Month 6–12: Framing of issues in civil suit; evidence stage begins. In criminal court, charges are framed and trial begins.
• Year 1–3: Trial and judgment. A recovery suit for ₹8,000 is likely disposed faster than a complex commercial suit — perhaps within 12–18 months.
• Post-judgment: Execution proceedings if the defendant does not pay voluntarily. This can take another 3–6 months.

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?

Absolutely. In fact, for a claim of this size — and given that both parties are young — a negotiated settlement is often the fastest and least stressful route. Here's how:

• Mediation: A neutral third party facilitates a discussion. Courts can refer matters to mediation under Section 89 CPC. It's non-binding and confidential.
• Lok Adalat: For both pending and pre-litigation matters. Lok Adalats are informal and the award is binding on both parties. They're held periodically at district level.
• Settlement with compounding: If a criminal case is filed, and both sides agree, the court may allow compounding (withdrawal) of the complaint for certain offences. Cheating under Section 318 BNS is non-compoundable, but the court can still consider a settlement as mitigation for sentence.
• A settlement deed — signed and notarised — can end both the civil and criminal proceedings. It saves time, money, and emotional energy.

Common Mistakes People Make

• Delaying action: Waiting months or years weakens the case — memories fade, witnesses disappear, and digital evidence may be lost.
• Engaging a lawyer without domain-specific experience: This is the most critical mistake. A general practitioner may file only a recovery suit and miss the criminal angle entirely — or file a criminal complaint without preserving civil remedies. The dual approach requires an advocate who regularly handles mixed-nature cases. Procedural strategy — like framing the right charges or seeking attachment before judgment — makes a difference.
• Destroying or overwriting evidence: Deleting WhatsApp chats or reformatting the phone before taking backups is fatal. Take screenshots immediately.
• Negotiating without counsel: Speaking to the organiser or his mother without a lawyer present can lead to unintentional waivers of rights or admissions that harm the case.
• Posting on social media: Public rants may prejudice the case. The organiser can argue defamation or claim the victim is trying to pressure them unfairly. Keep it offline.
• Signing documents without reading: If the organiser's family offers a settlement, never sign anything without your lawyer reviewing it. A poorly drafted settlement can close off future remedies.

FAQs People Normally Have

Is an oral agreement legally valid for graphic design work?

Yes. Under the Indian Contract Act, 1872, an oral agreement is fully enforceable if there is a clear offer, acceptance, and consideration (payment). The LOR and certificate issued by the organiser are strong evidence that the work was accepted.

Can a minor (17-year-old) file a court case?

A minor cannot file a suit in their own name. They must file through a "next friend" — typically a parent or guardian. The same applies for a criminal complaint. A guardian will represent them.

What if the organiser is also a minor (teenager)?

If Rohan Gupta is a minor, his contract with Arjun may be voidable (under Section 11 of the Indian Contract Act). But the parents or guardians can still be held liable if they ratified the contract — by acknowledging the debt (as the mother did). Criminal liability is not automatically voided by minority; a minor above 16 can be tried for criminal offences.

Can the mother be made a party to the case?

Yes, if she acknowledged the debt and promised to pay, she may have personal liability. In a civil suit, you can join her as a co-defendant. In a criminal case, she is not directly liable unless she aided the cheating.

How long will the whole process take?

A small claim civil suit typically takes 12–18 months for judgment. A criminal trial may take 1–3 years depending on the court's caseload. Settlement through mediation or Lok Adalat can conclude within 2–3 months.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India