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.

Mr. X purchased an enrollment seat for a live taxation masterclass conducted by X.company, an online education platform. He paid the full fee expecting to attend a live interactive session on DD/MM/YYYY. However, the promised live class never took place. When Mr. X contacted X.company, they assured him of a refund and rescheduled class date. Neither materialized. Instead, they played an old recorded session of a completely different topic, not the taxation masterclass he had paid for. To make matters worse, X.company subsequently closed their online community platform, effectively locking out all enrolled students and making it impossible for them to access any content or seek redressal. This constituted clear fraud and cheating, as Mr. X had paid for specific live services that were never delivered as promised.

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.

Document all communications with the platform including payment receipts, promotional materials, and email exchanges. File a consumer complaint simultaneously with criminal case for faster resolution. Report to cyber crime cell as these platforms often operate digitally. Preserve all evidence including screenshots of their website, terms and conditions, and community access before they modify or delete content.

Applicable Sections of Law

Under Bharatiya Nyaya Sanhita (BNS), Section 318 covers cheating and dishonestly inducing delivery of property. Section 319 addresses punishment for cheating, with imprisonment up to one year or fine or both. Section 66 of BNS covers criminal breach of trust applicable when platforms misuse enrolled students’ money. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 provides for filing FIR in such fraud cases. Additionally, Information Technology Act provisions and Consumer Protection Act remedies run parallel to criminal proceedings.

If You Are the Complainant

• File FIR at cyber crime police station with complete documentation of fraud
• Submit consumer complaint at District Consumer Forum seeking refund with compensation
• Preserve all digital evidence including payment confirmations and platform communications
• Join with other affected students to file collective complaint for stronger case
• Report to RBI if payment gateway fraud is involved in the transaction process

If You Are the Victim

• Immediately stop any further payments to the fraudulent platform or its affiliates
• Contact your bank to dispute charges and explore chargeback options available
• Report to National Consumer Helpline and cyber crime reporting portal immediately
• Connect with other victims through social media or forums to build collective case
• Maintain detailed records of financial loss including indirect costs like time wastage

How the Police Behave in Such Cases

Police typically treat these as cyber crime cases requiring technical investigation. They may initially suggest civil remedy but persistent approach with proper documentation usually results in FIR registration. Cyber crime cells are more responsive to such complaints. Police often request detailed technical evidence and may coordinate with other jurisdictions if the platform operates from different states. Investigation may take longer due to digital nature of evidence collection.

FAQs People Normally Have

Can I get my money back through criminal case? Criminal cases focus on punishment, but restitution orders can be sought during proceedings for financial recovery.

Is this civil or criminal matter? It’s both – you can pursue consumer complaint for refund and criminal case for fraud simultaneously.

What if platform is registered in different state? You can file complaint in your jurisdiction where fraud was experienced or where payment was made.

How long does such case take? Consumer cases typically resolve in 6-12 months, while criminal cases may take 1-3 years depending on complexity.

What Evidence Is Required?

• Payment receipts and bank statements showing transaction to the platform
• Screenshots of course descriptions and promises made by platform
• Email communications regarding refund promises and course rescheduling
• Evidence of community closure and denial of access
• Promotional materials or advertisements that induced the purchase decision
• Terms and conditions of service as they existed at time of purchase
• Witness statements from other affected students with similar experiences

How Long Will the Investigation Take?

Cyber crime investigations typically take 3-6 months for initial evidence collection. Complete investigation may extend to 8-12 months depending on platform’s cooperation and digital evidence complexity. Consumer forum proceedings usually conclude faster in 6-9 months. Timeline depends on number of victims involved and whether platform has assets for recovery within jurisdiction.

Advocate Sudhir Rao, Supreme Court of India