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 approached a private admission counselor, Ms. Y, who claimed expertise in NEET AYUSH counseling for medical college admissions in City A. Ms. Y assured Mr. X that she could secure admission in a reputable college through her connections and insider knowledge of the counseling process. She demanded an advance payment of Rs. 2,50,000 as consultation and facilitation fees, promising guaranteed results within 30 days.

Mr. X, desperate to secure admission, paid the amount through bank transfer. However, after several weeks, Ms. Y failed to deliver on her promises. When Mr. X demanded updates, she provided vague excuses and eventually stopped responding to calls and messages. When he demanded a refund, Ms. Y refused, claiming the money was non-refundable consultation fees. Mr. X discovered that Ms. Y had made similar false promises to several other students, taking large sums without delivering results.

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, including phone calls, messages, emails, and payment receipts. File a complaint with the local police station immediately as this constitutes fraud and cheating. Approach the consumer court as this involves deficiency of services. Consider sending a legal notice demanding refund before initiating criminal proceedings.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 316 deals with criminal breach of trust, Section 318 covers cheating, and Section 319 addresses cheating by personation. Section 61 of BNS covers criminal conspiracy if multiple victims are involved. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 allows for filing FIR, while Section 204 covers the process for private complaints. The Consumer Protection Act 2019 also applies for service deficiency claims.

If You Are the Complainant

• Gather all evidence including payment receipts, bank statements, and communication records
• File an FIR under relevant BNS sections for fraud and cheating at the local police station
• Send a legal notice demanding refund within a specified timeframe before criminal action
• File a complaint in consumer court for deficiency of services and seeking compensation
• Contact other victims to build a stronger case and establish a pattern of fraudulent behavior

If You Are the Victim

• Immediately stop any further payments and preserve all documentary evidence of the fraud
• Report to local police and cyber crime cell if online transactions were involved
• Contact your bank to check if transaction reversal is possible under fraud provisions
• Join hands with other victims to file a collective complaint for stronger legal action
• Seek immediate legal counsel to understand both criminal and civil remedies available

How the Police Behave in Such Cases

Police typically register FIR under fraud and cheating sections when sufficient evidence is provided. They may initially suggest it as a civil dispute, but persistent follow-up with proper documentation usually leads to criminal case registration. Investigation involves examining financial transactions, questioning the accused, and gathering statements from multiple victims. Police cooperation improves significantly when multiple complaints are filed against the same counselor.

FAQs People Normally Have

Can I get my money back? Yes, through both criminal proceedings and civil recovery suits, though the timeframe varies.

Is this a criminal offense? Yes, taking money under false promises constitutes cheating and criminal breach of trust under BNS.

Can I file in consumer court? Yes, as this involves deficiency of services promised by the counselor.

What if the counselor claims it was consultation fees? Courts examine the actual services promised versus delivered, making such claims weak when no meaningful consultation occurred.

What Evidence Is Required?

• Bank transfer receipts and transaction statements showing payments made
• Written agreements or promises made by the counselor, including emails and messages
• Call recordings or audio evidence of promises made verbally
• Screenshots of advertisements or promotional material used by the counselor
• Witness statements from other victims or persons who heard the promises
• Documentation showing the counselor’s failure to deliver promised services
• Evidence of the counselor’s refusal to return money when demanded

How Long Will the Investigation Take?

Police investigation typically takes 2-3 months for straightforward fraud cases with clear evidence. Consumer court cases may resolve within 6-12 months depending on complexity. Criminal proceedings can extend to 1-2 years including trial. Timeline improves with proper documentation and legal representation. Multiple victim complaints often expedite the investigation process as authorities recognize the pattern.

Advocate Sudhir Rao, Supreme Court of India