• Under which section can I file a complaint

I consulted a very famous numerologist who comes in TV and newspapers.  The initial consultation charges was Rs.6000.  Paid the money. During the consultation, the numerologist suggested that I pay up Rs. 6 Lacs and my fortunes will boom within 90 days after the name correction.  Trusted and paid bcoz the personality is very famous.  For name correction 30 days was taken and thereafter I changed the name in visiting cards, gmail id and social media network.  150 days passed and no change happened.  Infact I lost income during these 150 days.  Now the person is saying my shani dasa is running and therefore it is not working.  The person discovered this only after I started following up for refund of money.  Since 6 lacs is too huge a money, I can't afford to lose it.  I need your suggestion. What should I do ?
Asked 1 month ago in Criminal Law from Bangalore, Karnataka
Religion: Hindu
File police complaint against numerologist of cheating under section 420 of IPC 

2) issue legal notice to numerologist to 
refund your money with interest 

Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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Hello,

I understand your grievance and you dont actually have to know the sections for filing the complaint. Its a clear case of fraud and cheating and you may approach the PS with a complaint and request to lodge an FIR. 

Thanks and Regards
Anilesh Tewari
Advocate, Lucknow
23 Answers
0 Consultations
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Hello,
1) You must first of all file an FIR in the local police station. In case the police refuses to take a complaint or does nothing to investigate, you can file a private complaint with the Magistrate ego will order the police to investigate and submit report.

2). You can file the complaint before the Magistrate u/s 156 of Cr.P.C. Ensure that you have all the proof of payment you made to the seats numerologist.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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if police refuse to regsiter complaint then file complaint before magistrate under section 156(3) to direct police to investigate and submit report 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. The prediction of fortune and suggested remedies are not guaranteed.

2. No fortune teller can be taken to Court if his prediction or suggestions are proved to be incorrect.

3. It is similar to the prediction and suggestions of stock market brokers/advisers who predicts fortunes for a share which gets busted after some time.

4. Your only remedy is to approach the said astrologer and threaten him about filing a cheating case against him with media publicity and try to extract whatever you can out of your said Rs.6 Lakhs.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1. No police station will take FIR since astrologers can not be sued if their  predictions  differ with reality.

2. Act as advised in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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What can I say on this? To cure the shani dasa he will demand further 6 lakhs. The fact of the matter is that you paid him the money with your free consent, which he cannot be made liable to return now. To recover the money from someone you have to prove that he was paid the money and that the corresponding contractual obligation was not discharged by him. However, there is no legal yardstick to measure if the fortune has changed or not, as promised by the numerologist. So, no criminal or civil case is made out against him. You must understand that these are all fraudsters.  Learn a lesson for future.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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1) numerologist will file complaint of criminal defamation against you under section 500 of IPC for malinging her repuation 

2) in addition shew would also file suit for damages against you 

3) truth is the best defence in defamation cases . i presume all payments were made by you by cheques and you have in writing from her that on payment of 6 lakhs your fortune will change in 90 days 

Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
What i suggested you was legal action amd also if the police officials refuse to register the FIR you can approach the Magistrate directly with the complaint. However, the acts you are suggesting here might prove bad for you. She might then file a case of defamation, she might register an FIR against you and you will be in a problem then, so its better to deal with the problem legally. However, you are free to raise your voice without any legal hurdle.
Anilesh Tewari
Advocate, Lucknow
23 Answers
0 Consultations
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1. Your plan to put a dharna before her house/chamber is a right one to publicise her act of illegally minting money through false prediction to distressed people. It is expected to yield desired result.

2. Your plan of  publicising her photographs in social media or adverse comments on her should be implemented very carefully to ensure that she does not get a chance to file a criminal defamation case against you u/s 499 of IPC.

3. You must substantiate all your allegations with evidence in social media and should act very carefully. 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
What you propose to do will amount to defamation which carries imprisonment of up to 2 years, but short of that any other pressire tactic may be resorted to. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
for drafting police complaint you cna engage any lawyer on this website 

2) if you have been defrauded you have legal remedy 

3) file police complaint of cheating under section 420 of IPC

4) we only advised you to be careful in posting details on social media as lady may file defamation case against you 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. You act in a reckless and naive manner and then blame the legal system. Do you expect the judges manning the courts to accept on face value your statement that you paid x amount of money to this person for a positive change in your fortune, which did not happen, so she be ordered to repay the money? If the answer is yes then this wouldn't happen in any legal system of the world, be it India or US. Courts seek evidence, they do not administer justice on the basis of passionate statements. If you go to court now you will have to firstly prove that there was a contract between you and this woman whereunder you agreed to pay x amount of money for a change in your fortune, but the change did not come about. Most importantly, you will also have to prove her liability to refund the money with or without interest if the change did not happen. Every sum of money paid to a professional is not refundable. It becomes refundable only if the recipient binds himself to refund it. If you have any such evidence then alone you can stand on your feet in the court. 

2. Be that as it may, the only way I can see you getting it back is if you do some dharnas and attract undivided attention of people by making noise outside her office/residence. If she is a well known numerologist she would always be wary of loss of reputation. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
The person discovered this only after I started following up for refund of money.  Since 6 lacs is too huge a money, I can't afford to lose it.  I need your suggestion. What should I do ?

It was your fault to for having approached him to gain benefits in a short cut method,
There was no written agreement between you both that upon payment there shall be a guarantee for the benefits orally assured.
You canot book him for cheating or offences for fraud because it was you who voluntarily went to him and got disappointed.  
You should understand one thing that there is no such thing called astrological luck that made you to follow it blindly.
There is no law to book him for non performance  as well.

However you can  lodge a complaint agaisnt him with the local police for his fraudulent activities of cheating public in general  and you in particular. 
You may even try the option for sending him a legal notice demanding the return of the amount since the assured result never happened. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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The personality is very influential and very famous in the City.  I am not sure whether any PS will take the complaint and lodge an FIR.  I am consulting the expert lawyers for this reason only.

If local police is not entertaining the complaint, you may lodge a complaint with the higher police officer and flash the news through news-media or social networking systems to tarnish his image. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
What I want from the expert lawyers here is if I take such actions, what are the legal implications ? How can she counter attack my such actions legally ? I am looking for valuable suggestions from the Experts here.

You can execute the planned acts against the person in the manner you have designed
You will get threats and even you will be assaulted or attacked by her henchmen and goons.
You should not deter from your determination and should  not withdraw from your agitation against her.
you can take the support of popular news channels for this program

T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
The beliefs in myth and non-existing things and falling prey to such attractive but unreasonable activities by the wrong person have become common among the people these days.
The sense of becoming of aware after getting disappointed should have been there before approaching such  social evils disguised in the form the popular astrologists etc.
They cannot be blamed but the people who blindly believe them without even having a commons sense about this should not to be blamed. In your case you realised only after losing heavy money that for having waited for so many number of days waiting for the result that can never happen as per your desire. 
You do not have any rights to blame the legal system or the law enforcing authority or the local civic administration for this great blunder on your side. 
The cheaters will keep booming so long they find the innocent victims, hence it is always  buyer beware.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1. The same questions can be asked to you like why are you so gullible to believe that by changing your name your fortune can be changed giving you a guarantee or by paying Rs.6 lakhs to the astrologer you can get a boom in your fortune? 

2. Rs. 6 lakhs is it self a fortune which you happily gave away for better fortune. Had it been a fact that by paying money to astrologer people can get their fortune changed, then no body would have studied or worked hard but would have queued up at the door of astrologers for changing their fortune.

3. You stated that she told you bla bla bla and guaranteed you so many thing. Did you keep any record thereof or made any agreement for the same? 

4. You have allowed yourself happily to be cheated without keeping any evidence of her cheating you.

5. However, you can lodge a police complaint alleging that she has taken loan of Rs. 6 lakhs from which she is not returning now, if you can submit an evidence of your such payment like DD or Cheque as sich giving of loan will be believed by everybody but paying Rs.6 lakhs to astrologer in 20th century will not be believed by the Court. 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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thanks for your appreciation .

we are happy that you recovered your money 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
It is happy to learn that you could achieve your object by adopting the strategies as suggested by this forum members and also your by our own efforts. 
Congratulations on your success. 
Ensure that you do not fall prey to such temptations in future by some other rogue.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1. Congratulations.

2. Finally you turned out to be a very smart lady.

3. You are right. She refunded most of your money fearing bad publicity which will cost her dearly and dry up her source of  income in future by similarly cheating people.

4. Hope, you shall not ever meet any astrologer in future seeking to change your fortune with their help and shall try to change it yourself.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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