Vishal Gupta
Asked March 12, 2017

Cheated by a company

  • 1 Answer
  • 308 Views

Four days back I received a phone call to attend a marketing/ promotional event in which free dinner with spouse was a gift, and the scheme was to join some 10/20 years package for Hotel stay for 12 nights every year by paying at the spot through Debit Card as huge discount was offered, and the venue was at a five star hotel. Under wrong impression I joined the scheme and paid Rs.85,000/- by Debit card. Photo copy of scheme detail was given to me assuring that within 30 days I will get by post all original scheme documents. The company : Sun Star the Club, is based at Ahemdabad. there was a clause in the scheme that one can ask for exit from the scheme within 10 days of joining called 'recession period', When on the internet I explored about the company I noticed that a large number of people were cheated like me by this company at various cities in India. I immediately through Regd. Speed post sent written request to the company to allow me to exit from the scheme and refund my full amount, as per terms and conditions of the agreement, within that period of 10 days. The company has not responded so far. Please suggest what is the best action I can take to recover my money from these people. On the webcite of the company and at their Facebook page even Actor Govinda of Bollywood, Ravi Kishan ( bhojpoori films), and cricketer Kapil Dev are shown as their promoters/ brand ambassadors. Please help me . Thanks. details at following links : http://epaperbeta.timesofindia.com/Article.aspx?eid=31805&articlexml=GIFTING-A-PERFECT-LUXURY-HOLIDAY-EXPERIENCE-21012017108001 http://sunstarclub.in/

Answer 1

Usually unsuspecting victims would use infected computers to make online transactions. Your first legal recourse should be to file a complaint at the appropriate consumer forum (where the cause of action as arisen or where you reside) and complain about the company. You can file a criminal complaint under Sections 406, 420/34 and 120B of the Indian Penal Code if there are more than two people. As I can see on the Internet, the site has yet not been taken down, so it will be easier for the officers of the court to track the people behind the scam and held them guilty. Even if the company goes untraced at the mentioned address, the hitch of tracing the company would be taken care by the court and police.

 

Depending on the relief claimed, a consumer complaint will be filed at the District, State or National Commission.

  • District Forum: When relief claimed is less that Rs. 20, 00, 000/-;
  • State Commission: When relief claimed is more than Rs. 20, 00, 000/- but less than Rs. 1, 00, 00, 000/-;
  • National Commission: When the relief claimed exceeds Rs. 1, 00, 00, 000/-.

The prescribed fee payable for filing a complaint before the District Forum, State or National Commission is as follows:

 

Relief Claimed

Prescribed Fee

District Forum

Upto 1 Lakh          

Rs.100/-

1 Lakh to 5 Lakh      

Rs.200/-

5 Lakh to 10 Lakh       

Rs.400/-

10 Lakh to 20 Lakh   

Rs.500/-

State Commission

20 Lakh to 50 Lakh

Rs.2000

50 lakh to 1 crore

Rs.4000

National Commission

Above One Crore Rupees

Rs.5000

 

The IT Act of India clearly states that when a cyber crime has been committed it shall have global jurisdiction. Hence, you can file a complaint under Sections 43, 65, 66, 66A, C and D of the Information Technology Act. Below mentioned are the steps you can take to file a cyber crime complaint.  Step 1: Keep in mind that you will have to provide name, mailing address & telephone number along with an application letter, addressing the head of a cyber crime investigation cell when you go to file a complaint.         Step 2: As with almost all police cases, the complainant will have to provide the following papers and documents at the time of filing the complaint. The valid documents are, namely:           1) Server Logs            2) A copy of the defaced web page in soft copy as well as hard copy format. If any data is compromised on  the victim’s server or computer or any other network equipment, soft copy of original data and soft copy of compromised data.    3) Access control mechanism details i.e. - who had access to the computer or email of the victim? 4) List of suspects i.e. if the victim is having any suspicion on anyone. 5) All relevant information leading to the answers to following questions, namely:  

  • What is compromised?
  • Who might have compromised the system?
  • When was the system compromised?
  • Why was the system compromised?
  • Where is the impact of the attack-identifying the target system from the network?
  • How many systems have been compromised by the attack?
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