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

Mr. Rohan Verma from the city of Aligarh recently raised a pertinent legal question regarding the operation of several online astrology platforms, such as an app named ‘CosmicConnect’. He observed that these applications and their aggressive social media advertisements make definitive and emotionally charged promises about predicting an individual’s future with certainty. Claims like “discover the exact turn your life will take” or “we will tell you your future” are common, yet they are not accompanied by any disclaimer stating that the services are for entertainment or are based on faith and belief systems.

Mr. Verma’s concern is that these platforms may be exploiting the vulnerabilities of people in emotional distress or those with limited digital literacy. The lack of transparency about the nature of these services could be seen as a deceptive practice, preying on the hopes and fears of users for commercial gain.

Advice in such cases

If you find yourself in a situation where you feel misled by such a service, here are the steps you should consider:

• Gather all evidence. This includes screenshots of the advertisements, the app’s description on the app store, any specific promises made within the app, chat histories with the astrologers, and records of all payments made.
• Document the impact. Note down how the advice or prediction affected you, especially if it led to financial loss or significant emotional distress based on the unfulfilled promises.
• 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

Several laws can be invoked in such scenarios:

• The Consumer Protection Act, 2019: This is the most direct legal remedy. The services offered by such apps can be challenged under this act.
  • Unfair Trade Practice: Making false or misleading claims about the utility or efficacy of a service constitutes an unfair trade practice.
  • Deficiency in Service: If the service provided does not match the promises made (e.g., a guaranteed prediction that fails), it can be termed a deficiency in service.
  • Misleading Advertisement: The Act has stringent provisions against misleading ads that can deceive consumers.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If it can be proven that the app owners had a dishonest intention to deceive you from the outset to make you part with your money, a criminal complaint could be filed.
  • Section 318 (Cheating): This section applies if someone is dishonestly induced to deliver any property (including money) through deception. Proving the “dishonest intention” is the key challenge here.
• The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954: While primarily focused on magic remedies for diseases, its principles against advertisements promoting services based on ‘magic’ or supernatural claims can be cited to argue against the legitimacy of such apps.

If you are the complainant

If you decide to take action as the complainant:

• The first step is often to send a formal legal notice to the company running the app, drafted by your lawyer. This notice will outline your grievances and demand corrective action or compensation.
• If the notice yields no result, you can file a complaint before the appropriate Consumer Dispute Redressal Commission (District, State, or National, depending on the monetary value of your claim).
• For a criminal case, you would need to file a complaint with the police, which may lead to the registration of a First Information Report (FIR) under relevant sections of the BNS.
• 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

As a victim who feels cheated or misled:

• Immediately cease all payments and communication with the platform.
• Preserve every piece of communication and transaction history. Do not delete any chats, emails, or payment confirmations.
• Report the application on the Google Play Store or Apple App Store for deceptive practices and misleading claims, which often violates their platform policies.
• 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 be mixed. Initially, they might view the issue as a civil dispute or a matter for the consumer courts, especially if the element of criminal deception is not immediately obvious. They may be reluctant to register an FIR, citing that a failed prediction is not a crime. However, if you can present clear evidence of a systematic pattern of fraud and dishonest inducement, especially with the help of a lawyer, they are more likely to register a case under Section 318 of the BNS. The clarity and strength of your initial complaint are crucial in determining the police’s course of action.

FAQs people normally have

What evidence is required?

To build a strong case, you will need:

• Screenshots of the specific advertisements that lured you in.
• Payment receipts or bank statements showing transactions with the app company.
• The complete chat logs or recordings of the “predictions” you received.
• The app’s terms of service and privacy policy, if available.
• Any communication with their customer support regarding your dissatisfaction.

How long will the investigation take?

The timeline varies depending on the legal route you choose:

• Consumer Complaint: Proceedings in a Consumer Commission can take anywhere from 6 months to over 2 years, depending on the complexity of the case and the backlog of the commission.
• Police Investigation: If an FIR is registered, the investigation under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has prescribed timelines. However, practical delays can occur, and the process from investigation to chargesheet and trial can be lengthy.

Advocate Sudhir Rao, Supreme Court of India