I was cheated by a gang of goons online for an amount of Rs. 35700/- in Aug 2013. That time, they called me and said that they are from Police and I have a due of Rs. 35700/- on my credit card which had to be paid immediately, and if not paid, they will arrest me. I was confused and I had transferred the money to them and after that discovered that they had cheated me. I lodged a police case and finally they were caught and now they are in Jail. Its been 2 years now the incident happened.
The accused party lawyer called me today and informed me that they are willing to pay me the same amount with interest for 2 years and I have to withdraw the case against them in that case.
He said that he will pay me the same amount with 10% interest which comes to something around Rs. 43000/-.
Honestly, after that incident happened, I was in shock and had to visit Psychologist for consultation and my family life was tremendously impacted. Now paying me the same amount with interest will not help as I had spend a lot on my treatment as well as I was mentally harassed.
Even I do want to have an out of court settlement and if they can compensate me well, I am OK with that.
My question is, how much amount I can claim for compensation for mental harassment in such a case? If so, what will be the maximum amount that I can cclaim as a Compensation apart from the Principal Amount and Interest ?
Asked in Criminal Law from Gurgaon, Haryana
You cannot compute the amount based on the mental worries you had faced due to this. The criminal case against them, if proved guilty, they will be convicted. the court may punish them to undergo a sentence of imprisonment for a period stipulated and may not order for any compensation except for a meagre fine amount, in that case you will not get anything as a compensation or even your money that you have lost.
Therefore it is advisable to get the extra money which is called as an interest (though very low) along with the principal amount if they are willing to pay, but accept them by case alone and not by cheque. This will help you secure your lost money with some dignity.
Thanks Mr. Kalaiselvan.
So your advise would be to accept whatever they are willing to give ?
And I cannot claim any compensation other than the Principal and Interest ?
Asked 1 year ago
In a criminal case the court may not award compensation,it will be a discretion of the court awarding the sentence, so take wise decision at right time.
1.Your actions are disproportionate to their cause of actions,
2. you transferred so much amount to the individuals for your credit card dues without verifying the actual dues and also questioning as to why you will make the payment to any account other than he credit card account,
3. Have they been convicted or the matter is under trial? Are the sections put against them compoundable?
4. However, make sure that you are not put to any further problem by their lawyer by enticing you in signing any unacceptable document/letter,
5. Take whatever you are getting or can bargain for without putting your case into jeopardy,
6. The case against them can not be withdrawn if the sections put agaisnt them are non-compoundable.
1. You can certainly claim compensation,
2. Bargain hard with the aid lawyer for the compensation,
3. Consult this portal or your lawyer if the said lawyer of the arrested persons asks you to sign any letter/paper.
You can claim with interest the principal amount you transferred to them, amount spent on availing the services of the psychologist and also compensation. You can claim for the moon in an out of court settlement and then see what the other party is willing to pay. If they do not agree to pay the amount sought by you then you can reject the out of court settlement offered by them, and file a lawsuit for damages against them.