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

Mr. Alok Sharma recently relocated to a new apartment in the city of Chandrapur. Due to his busy schedule, he hired a service named “QuickShift Packers” to manage the entire move. After the relocation was complete and the workers had left, Mr. Sharma began unpacking and discovered that many of his valuable belongings were missing. The total value of the undelivered items, which included brand-new designer clothes, expensive accessories, and items of significant sentimental value, was estimated to be around ₹1.7 lakhs.

When Mr. Sharma tried to contact the company, his calls went unanswered. The company had not provided any official bill or invoice for their services. A quick online search for “QuickShift Packers” yielded no results, leading him to believe that he had been duped by a fraudulent, unregistered entity. Fortunately, Mr. Sharma had saved all his WhatsApp conversations with the company, records of the online payments made, the truck’s registration number, and even some photographs of the workers who handled the move.

Advice in such cases

Dealing with such fraudulent movers can be distressing. It is a mix of a service issue and a criminal act. Here is a step-by-step guide on how to approach this situation legally:

• Immediately compile all evidence you have. This includes chat logs, payment confirmations, photos, and any contact numbers or vehicle details.
• Draft a detailed list of all the missing items along with their estimated current market value. This will be crucial for both police complaints and consumer claims.
• Send a formal legal notice to the company’s last known contact number or address (if available) through a lawyer, demanding the return of your goods or compensation for their value.
• If the company does not respond or refuses to cooperate, you should proceed with filing a police complaint and a case in the consumer forum.
• 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

This situation involves both criminal offenses and a deficiency in service. The following laws are applicable:

• Bharatiya Nyaya Sanhita, 2023 (BNS): The actions of the packers and movers can constitute several criminal offenses under the BNS.
  • Section 318 (Criminal Breach of Trust): You entrusted your goods to the company for a specific purpose (transportation), and they dishonestly misappropriated them. This is the most relevant section.
  • Section 316 (Theft): The act of intentionally taking your belongings without your consent falls under the definition of theft.
  • Section 317 (Cheating): If it can be proven that the company had a dishonest intention from the very beginning (e.g., by using a fake name and having no intention of delivering all items), it amounts to cheating.
• Consumer Protection Act, 2019: Since you hired the company for a service and paid for it, their failure to deliver your goods safely is a clear case of “deficiency in service” and “unfair trade practice.” You can seek compensation for your loss and mental agony.

If you are the complainant

As the person who hired the service and has now been wronged, you are the complainant. Here are the steps you should take:

• Gather Evidence: Systematically organize all digital and physical proof. This includes screenshots of chats, bank statements showing payment, photos of the truck/workers, and a comprehensive list of missing items.
• 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.
• File a Police Complaint: Visit the nearest police station and file a written complaint, which can be registered as a First Information Report (FIR). Insist on registering the FIR under Section 318 (Criminal Breach of Trust) of the BNS. Provide the police with all the evidence you have collected.
• File a Consumer Complaint: Simultaneously, you can file a complaint before the appropriate District Consumer Disputes Redressal Commission. You can claim the value of the lost goods, compensation for the harassment and mental distress caused, and litigation costs.

If you are the victim

Being a victim of such a scam requires a calm and methodical response. Your actions in the initial hours and days are critical.

• Preserve All Communication: Do not delete any chats or call logs with the company. Take screenshots immediately as a backup.
• Avoid Direct Confrontation: Once you realize it is a scam, avoid getting into lengthy arguments or making threats over the phone. Shift all communication to a formal, documented channel, preferably through a lawyer’s notice.
• Document Your Loss: Make an itemized list of everything missing, including brand names, purchase dates (if known), and current replacement value. This precision is vital for your legal claim.
• 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 vary. Initially, some officers might view the issue as a civil dispute or a simple breach of contract and may be hesitant to file an FIR. They might suggest that you approach a consumer court. However, you must be firm. The act of taking your goods and disappearing is not a mere civil dispute; it is a criminal offense. The presence of a lawyer can often ensure that the police take the matter seriously and register an FIR under the appropriate criminal sections of the BNS. Once the FIR is filed, the police are obligated to investigate, trace the accused using the phone numbers, bank account details, and vehicle information you provide, and recover the stolen property.

FAQs people normally have

Can I file a police case and a consumer complaint at the same time?

Yes, you can. The criminal case initiated by the police aims to punish the offenders for their crime (imprisonment, fine). The consumer case aims to get you compensation for your financial loss and the poor service you received. The two proceedings are independent and can run simultaneously.

What if the company is fake and has no official address?

Even if the company name is fake, the people behind it are real. The police can trace them through the mobile numbers used for communication, the bank accounts or UPI IDs where you made the payment, and the registration number of the truck used for the move. Your digital evidence is the key to tracking them down.

What evidence is required?

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

• Digital communication records like WhatsApp chats, SMS messages, or emails with the company.
• Proof of payment, such as bank transaction statements, UPI payment screenshots, or cash receipts (if any).
• The contact numbers of the individuals you coordinated with.
• The registration number of the vehicle used for transportation.
• Photographs or videos of the packing process, the goods, the truck, or the workers, if you have them.
• A detailed, itemized list of the missing articles with their estimated monetary value.

How long will the investigation take?

The duration of a legal case is not fixed. A police investigation under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is time-bound in theory, but practical timelines can vary based on the police’s efficiency and the complexity of tracing the accused. The process can take several months. A consumer court case is generally faster and might be resolved within 6 to 12 months, depending on the commission’s workload. Your lawyer will be able to provide a more realistic timeline based on the specifics of your case and the jurisdiction.

Advocate Sudhir Rao, Supreme Court of India