• Fraud related

Dear Sir / Mam,

Hope you're doing well!

I need your help regarding a fraud as below:

I submitted my requirement for goods & carrier (transportation) on JustDial App. I got a call from a guy claiming to be from X Transport.

Since there was his entry on Justdial portal, we entertained him & finalized the deal after long discussion. He asked me to deposit Rs. 15,000/- (half of total amount) to a current bank account number of his friend. I made the deposit using the cash deposit machine. He confirmed the amount receipt & committed that load will be picked up next day & will be sent to me.

Since that next day, his phone numbers are unreachable / switched off. I tried extremely multiple times to contact him but all in vain.

As I was expecting a fraud, I approached the bank after 3 days, explained them the whole issue & requested them to verify the bank account with transaction. They confirmed me the transaction & helped me with account owner's contact number.

I contacted the current account owner & explained him the issue. As per him, the fraud guy worked with him in the past & got that money withdrawn same day by making some medical reasons. Account owner requested 3-5 days of time (thrice) & said that he'll send back the amount to me as soon the guy sends him. But till date the amount hasn't been sent to me.

I approached the local police but they aren't helping. They are asking me to visit that person's town & lodge a complaint there, even tough the state is same. 

Please let me know what can be done in this case. Request you to kindly share your valuable opinion.

Regards
Asked 7 years ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

7 Answers

1. Since You are defrauded in your own place you can lodge complaint from your place.

2. If the police does not lodge complaint you can file petition u/s 156(3) crpc in court whereby the Magistrate will direct the Police to register FIR and start the investigation.

3. Since the money was transferred to the said persons's ac/ he is liable to refund the money. The fraud by his employee is no excuse.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

issue legal notice to account holder to refund your Rs 15000 as the said money was credited to his account for transportation of goods

2) if police refuse to regsiter FIr file private complaint before magistrate under section 156(3) of cr pc to dirtect police to inevstigate and submit report

3) however please note that legal expenses would be more than amount sought to be recovered by you

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

1. you must file a complaint before the concerned magistrate under section 200 crpc.

2. you should also make justdial as an accused because unless you make him accused no relevant evidence will come out from the website.

3. court has power to direct investigation under section 202 crpc.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1. In these circumstances you may file a petition to the court under section 156(3) of CRPC to direct the police to register the FIR and take appropriate action as per law against them.

2. The FIR is liable to be lodged both against the account holder and the man you spoke to.

3. Police is wrong. You can lodge the complaint where you are residing.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1) better to engage lawyer for filing application under section 156(3) to direct police to investigate and submit report

2) if money is credited into employer account he is bound to refund it . he had no business to allow his employee to with draw money from said account

3) obtain from bank his residential address details

4)legal expenses can be around one lakh

5)you can lodge online FIR on police website

6) dont engage recovery agents

7) you dont need to add just dial as an accused

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

I approached the local police but they aren't helping. They are asking me to visit that person's town & lodge a complaint there, even tough the state is same.

Please let me know what can be done in this case. Request you to kindly share your valuable opinion.

If you are able to visit that jurisdictional police station to lodge a complaint agaisnt him, you may do it or else you may issue a legal notice to him demanding the money sent to him and after that you can take necessary legal action on it for recovery of the money transferred to him.

T Kalaiselvan
Advocate, Vellore
87007 Answers
2335 Consultations

1. For filing a petition under section 156(3), cr.p.c. you dont require a lawyer to file it, but you should know the procedures for filing the same so that it is not getting rejected or dismissed for want of proper evidence.

2. If that person behaves in an unruly and arrogant manner,. you may lodge a complaint with the police for hatching a conspiracy to defraud you by both, this person and the other fraudster.

3. For issuing the legal notice you have to get his address somehow through your own sources.

4. In the course of legal recovery, the expenses like court fee, incidental expenses in the police station, lawyer's fee may amount to more than the amount what you have already lost.

5. implead the company as a party to the case, they are answerable to court if they are impleaded as necessary party to the fraud case.

6. The money was transferred to the account holder's account hence he can be made liable for the amount received at his end.

7. Yes you can register the complaint on line too.

8. That would become too costly.

T Kalaiselvan
Advocate, Vellore
87007 Answers
2335 Consultations

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