• Money fraud

Two years ago in 2015, I received a call from some job consultancy as I was looking for some job at that time. They convinced me to pay them the amounts for registration, services charges, some extra amount also in name of job. I was so trapped in all that and finally after paying around 117000 to them and in return i didnt get any service job calls from them. I asked them to return my money but they said its not possible. They stopped receiving my calls after that. I could not trace them as all the numbers were not reachable and i didnt have any details about the company. 
In 2016, January i received a call from some person telling me that they are the MNC under which that fraud company working as vendor company and they have clarified the accounts and returning my money which they have traced amounting to Rps 98300. But in return they asked me to pay the tax amount to get my money back. I was not convinced and didnt entertain them. 
Again, now on 8th Sep'17 I got this same type of call and again they told me that they want to return the amount but in return i have to pay the GST of 15% i.e. 14745 in one transaction and within one hour I will get my 98300 back. They further mailed me about this same. I was convinced this time and paid them through Paytm in 3 transactions as my online banking was not working so had to do dis. And before transferring the amount i called the person i was in contact with. He told me that i can do it in 3 transactions also. hence i transferred the money in their bank account. 
But, 10 mins later someone called me and said he is from account department and my transaction is not valid as it was to be done in one go not 3 different transactions. I argued as to how this would make a difference in tax. Moreover, i was not sure if I was suppose to pay this GST money or not. 
He told me that is money would be refunded and my 98300 would only be returned if i pay this tax money in one transaction. I simply waited for my 14745 to be refunded. two days passed but i didnt received any money. I kept on calling but no one answered my call. 
On 3rd day someone picked up the call, and i asked amount my refund so he told me this cant be done, and again i have to pay 15% GST on this 14745 then only they would be able to refund me this amount. I told them I will not pay any money now because this was clear fraud. I dont think their is any clause for refunding that customer have to pay GST to get the amount back which have been transferred wrongly. 
I am unable to understand what to do to get this right as i dont want to pay any money to them in any case. I want to file an FIR but afraid if police will take some action or not.
Asked 8 years ago in Criminal Law
Religion: Hindu

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5 Answers

Hii, it is a clear case of cheating and fraud .. As well as it also amounts to economic fraud .. Give a police complaint regarding it .. Provide all the communication , Paytm no. , Account in which you transfered 1 lakh approx .. Give a brief written complaint .. Police will entertain your complaint.. If , the police do not lodge FIR, you can directly file a complaint in court under 200 Crpc .. The court will order police to carry out investigation and to arrest the accused persons

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

you are victim of fraud

2) you should file police complaint under section 406, 420 of IPc fro criminal breach of trust and cheating against the accused persons who have defrauded you

Ajay Sethi
Advocate, Mumbai
99882 Answers
8150 Consultations

if police refuse to register FIR you can file private complaint before magistrate under section 156(3) of Crp c to direct police to investigate and submit report

Ajay Sethi
Advocate, Mumbai
99882 Answers
8150 Consultations

1. You have been cheated twice over as you did not learn from your mistake.

2. Now you can file a FIR for sure for the offence of cheating and criminal breach of trust, but to trace out the fraudster(s) will be an uphill task as they keep changing their location, numbers and also identity.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

So long as there are people available to get cheated, cheaters will have glorious time cheating the innocent victims.

You have already lost a lots of money earlier and you still believe these people will return the money that have conned you?

Even now it is not late, you may lodge criminal complaint agaisnt such fraudsters immediately with the nearest police station and be vigil that you dont entertain any such claim in future.

T Kalaiselvan
Advocate, Vellore
90083 Answers
2502 Consultations

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