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

In mid-August, Mr. Sameer received a message on WhatsApp from a number claiming to belong to an employee of ‘Galaxy Finance Corporation’. The message contained a photograph of a Lok Adalat notice, which was scheduled for a date later that month. Mr. Sameer had received similar notices before but had missed the dates due to late delivery. Assuming the WhatsApp message was a faster way to ensure he received the information, he took it seriously. It appeared that similar messages were sent to other customers as well. Accompanied by his friend, Mr. Rohan, he visited the designated Alternative Dispute Resolution (ADR) court on the specified date. They presented the summons to the officer in charge, who confirmed that while the seal looked authentic, no such Lok Adalat was scheduled for that day, and the court had not issued any such notice. The officials advised them to file a formal complaint with the court authorities and at the nearest police station. They promptly filed a police complaint and received an acknowledgement number. However, a few days later, Mr. Sameer was notified that the complaint had been closed without any apparent action. This has left them confused about the next steps and the legal options available to them.

Advice in such cases

If you find yourself in a similar predicament, it is crucial to act methodically and protect your rights. Here are the steps you should consider:

• Preserve all evidence meticulously. This includes screenshots of the WhatsApp messages, the sender’s phone number, the image of the fake notice, and any other related communication.
• File a formal written complaint with the concerned financial institution, in this case, ‘Galaxy Finance Corporation’. Attach all evidence and demand an internal investigation into their employee’s fraudulent activities.
• Lodge a complaint with the Reserve Bank of India’s Banking Ombudsman scheme if the financial institution fails to respond or provides an unsatisfactory resolution.
• Do not make any payments based on such coercive tactics. Any legitimate recovery process follows a legally defined procedure.
• Consult with a Lawyer: The very basic and important step to start is to talk to a Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000 depending on the case. He is helping you in this situation to come out. He is an 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

The actions described constitute several criminal offences under Indian law. The relevant sections under the Bharatiya Nyaya Sanhita (BNS) would be:

• Section 318 of the BNS: This section deals with cheating. By dishonestly inducing you to believe there is a genuine legal proceeding to extract payment, the sender has committed the offence of cheating.
• Section 336 of the BNS: This pertains to forgery for the purpose of cheating. Creating a fake legal document like a Lok Adalat notice with the intent to defraud falls squarely under this section.
• Section 351 of the BNS: This section addresses criminal intimidation. Sending a fake court notice to threaten a person with legal injury to compel them to pay money is a form of criminal intimidation.
• Provisions of the Information Technology Act, 2000, may also be applicable for using a communication device to commit fraud.

If you are the complainant

As the person who has filed the police complaint, you have further recourse if the police close the case prematurely:

• File an application under the Right to Information Act (RTI) with the police station to get a copy of the closure report and understand the reasons for closing your complaint.
• If the police refuse to register a First Information Report (FIR) or close the investigation without merit, you can approach the Superintendent of Police or a higher-ranking officer to request a proper investigation.
• You have the right to file a private complaint directly before the Magistrate under Section 221 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The court can then order the police to investigate or can take cognizance of the offence itself.
• Consult with a Lawyer: The very basic and important step to start is to talk to a Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000 depending on the case. He is helping you in this situation to come out. He is an 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 the person targeted by this scam, your immediate actions are critical:

• First and foremost, do not panic or give in to the pressure to make any payment. Verify the legitimacy of any legal notice by contacting the issuing authority directly.
• Document every interaction. Keep records of calls, messages, and the fake notice itself.
• File a complaint on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or by calling the helpline number 1930. This is crucial as the crime involves digital communication.
• Inform your bank or credit card company about the fraudulent recovery tactics being used in their name.
• Consult with a Lawyer: The very basic and important step to start is to talk to a Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000 depending on the case. He is helping you in this situation to come out. He is an 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

It is not uncommon for the police to show initial reluctance in cases like these. They might perceive it as a civil matter between a borrower and a lender, especially if a genuine debt exists. Often, complaints are closed hastily to manage caseloads, particularly if the financial amount involved seems small. They may ask for concrete evidence linking the sender to the financial company, which can be difficult for a complainant to produce without a formal investigation. Persistence and escalating the matter to senior officers are often necessary to ensure proper action is taken.

FAQs people normally have

What evidence is required?

To build a strong case, you will need to gather the following evidence:

• The screenshot of the WhatsApp chat showing the fake notice and the sender’s number.
• The digital image file of the fake Lok Adalat notice.
• Any call records or other communication with the person who sent the notice.
• The acknowledgement receipt of your police complaint and the message indicating its closure.
• If possible, a written statement or the contact details of the court official who confirmed that the notice was fraudulent.

How long will the investigation take?

There is no fixed timeline for such investigations. If the police take up the matter seriously, it could take a few weeks to several months, depending on the complexity of tracing the digital footprint and getting cooperation from the concerned financial company. If you file a private complaint in court, the process will move according to the court’s schedule, which can also be a lengthy process. However, initiating the legal process is the most important step towards finding a resolution and holding the perpetrators accountable.

Advocate Sudhir Rao, Supreme Court of India