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Anonymous
in Civil Law Criminal Law
Asked August 31, 2017

Digital signing of agreement for work from home job and cheated

  • 1 Answer
  • 569 Views

Some days back I got a "Work From Home'' job. They explained me all the details and sent me an agreement to sign through email. But they did not inform me that the agreement was on a 50 Rs. stamp paper. They sent me a mail in which there was a link which read as "SIgn Agreement." When I clicked on the link it asked me to enter an OTP which was sent to my registered mobile number. As soon as I entered the OTP, there came a message which read as "Thank You for Signing the Agreement." The computer screen said that I had digitally signed the agreement whereas I had not even read the agreement. After an hour later they sent me a legal agreement in which it was written that if I fail to complete my work then I shall be liable to pay Rs. 5500/- to the company. And now they are calling me and asking money, if I do not pay then they shall send me a legal notice. Please suggest me what to do in this situation.

Answer 1

 

 

 

Dear Sir/madam,

This is a typical deceiving situation on the internet these days where the victim is lured into signing agreements by conceiving the actual terms and conditions of the agreement.

You can approach the court and file a civil suit of Fraud under Section 17[1] of the Indian Contract act as well as for Misrepresentation under Section 18[2] of the Indian Contract Act. Also an F.I.R. as well as a criminal complaint can be filed under Section 421[3] of the Indian Penal Code – Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors.

 

[1] ‘Fraud’ means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent1, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract:— —‘Fraud’ means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract\:—"

(1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;

(2) the active concealment of a fact by one having knowledge or belief of the fact;

(3) a promise made without any intention of performing it;

(4) any other act fitted to deceive;

(5) any such act or omission as the law specially declares to be fraudulent.

 

[2] “Misrepresentation” means and includes—"

(1) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;

(2) any breach of duty which, without an intent to deceive, gains an advantage of the person committing it, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him;

(3) causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement.

 

[3]Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfer or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

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