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

Mr. Rohan Sharma found himself in a complex situation with a recruitment firm, ‘Swift Placement Services’. He was contacted by an agent, Mr. Alok, via WhatsApp after his details were found on a popular job portal. Mr. Alok offered him a remote position with ‘SecureLife Insurance’ but stipulated a mandatory registration fee of ₹10,000 upon selection. Rohan agreed, assuming it would be deducted from his salary.

After a brief interview with Ms. Bhavna, the HR from Swift Placement Services, Rohan was informed of his selection. He was then aggressively pressured to pay the ₹10,000 fee immediately, or the offer would be rescinded. Feeling suspicious, Rohan asked for an official confirmation email, which Mr. Alok forwarded, seemingly from SecureLife Insurance. After a quick check revealed that both companies had legitimate-looking online presences with office addresses and tax details, Rohan made the payment via UPI, believing he had recourse if things went wrong.

Mr. Alok assured him the process would take no more than ten working days. However, the promised training was repeatedly delayed. After a month of persistent follow-ups, the training finally took place. During the training call, the team lead, Ms. Charu, stated that login credentials would be provided within six days. When the credentials never arrived, Rohan’s attempts to follow up were met with evasiveness and further delays. Ms. Bhavna intervened, assuring him she would handle it, but no progress was made.

Realizing he would never get the job and learning that charging fees from candidates for domestic placements is illegal, Rohan demanded a refund from Mr. Alok via WhatsApp. Mr. Alok refused, stating the fee was non-refundable. When Rohan mentioned taking legal action, the agent became hostile. He falsely claimed that the client, SecureLife Insurance, had already provided the login details to Rohan and that Rohan had acknowledged them. Mr. Alok then threatened to file “multiple cases,” including a defamation suit, against Rohan, warning him to “be prepared to come to Rampur to face the cases.” He boasted about having a “team of lawyers” and extensive documentation.

Rohan challenged him to provide proof of this communication, after which the agent went silent. Now, Rohan is concerned about the legitimacy of these threats and wants to understand the best legal path to seek justice and a refund, armed only with WhatsApp chats and a UPI transaction record.

Advice in such cases

• Stay Calm and Document Everything: Do not engage in aggressive arguments. Keep all communication, including chats, emails, and transaction details, saved securely.
• Do Not Be Intimidated: Threats of defamation suits are a common tactic used by scammers to scare victims into silence. Making a truthful complaint to a legal authority is not defamation.
• Cease Direct Communication: Once you have demanded a refund and they have become threatening, it is best to stop direct communication and proceed through legal channels.
• 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 case involves elements of cheating, criminal intimidation, and a deficiency in service. The relevant laws are:

• Bharatiya Nyaya Sanhita (BNS), 2023: The agency’s actions fall under the purview of cheating. By dishonestly inducing you to pay money with a false promise of a job, they have committed an offence under Section 318 of the BNS. The threats to file false cases can be considered criminal intimidation under Section 351 of the BNS.
• Consumer Protection Act, 2019: You are a ‘consumer’ who has paid for a ‘service’ (recruitment). The agency’s failure to provide the job and their illegal fee collection constitute an “unfair trade practice” and “deficiency in service.” You can seek a refund, compensation for mental harassment, and other damages in a Consumer Commission.
• Bharatiya Sakshya Adhiniyam (BSA), 2023: Your WhatsApp chats and UPI transaction records are admissible as electronic evidence under the BSA and will be crucial in proving your case.

If you are the complainant

If you are in a situation like Rohan, where you have been scammed and are now being threatened, here are the steps to take:

• Organize Your Evidence: Compile all WhatsApp conversations (with timestamps), UPI transaction IDs, and any emails or documents you received.
• File a Consumer Complaint: This is often the most effective route. You can file a complaint with the District Consumer Disputes Redressal Commission online. You can claim the refund of ₹10,000, plus compensation for mental agony, financial loss, and litigation costs.
• File a Police Complaint: You can also file an FIR or a complaint with the local police station or the Cyber Crime portal for cheating and criminal intimidation. The police can investigate the criminal aspect of the fraud.
• 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 the victim of this recruitment fraud, your primary goal is to recover your money and seek compensation for the harassment.

• Focus on the Consumer Court: The Consumer Commission is specifically designed to handle such disputes efficiently. The burden of proof on the agency to show they provided the promised service will be high.
• Ignore Empty Threats: The threat of a defamation case is baseless. You have a right to seek legal remedy, and your complaint, being based on facts and evidence, does not constitute defamation. Truth is an absolute defense against defamation.
• Quantify Your Loss: When filing your complaint, calculate not just the ₹10,000 fee but also the financial loss from missed job opportunities and a reasonable amount for the mental stress and harassment you endured over three months.
• 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 to such complaints can vary. Initially, they might view it as a civil dispute. However, if you clearly articulate the elements of cheating (false promise, inducement to pay money) and criminal intimidation (threats), they are obligated to register an FIR under the relevant sections of the BNS. Presenting well-organized evidence can prompt them to take the matter more seriously. A complaint on the National Cyber Crime Reporting Portal often gets routed to the local cyber cell for investigation.

FAQs people normally have

What evidence is required?

Your evidence is quite strong. The key pieces of evidence required are:

• WhatsApp Chats: The entire conversation history with Mr. Alok, Ms. Bhavna, and Ms. Charu. This documents the initial offer, the demand for payment, the delays, and the subsequent threats.
• UPI Transaction Proof: The transaction ID and bank statement showing the payment of ₹10,000 to Swift Placement Services.
• Call Recordings: If you have any recorded conversations, they can serve as supplementary evidence.
• Job Portal Information: Any screenshots or records from the job portal where you were initially contacted.

How long will the investigation take?

The timeline can vary. A consumer court case is generally faster than a traditional civil suit and can be resolved within 6 to 12 months. A police investigation’s duration depends on the complexity and the police’s workload. However, the filing of the case itself often puts pressure on the fraudulent party to offer a settlement.

Advocate Sudhir Rao, Supreme Court of India