Atiya Khilji
Asked October 04, 2016

How to claim refund of security deposit

  • 1 Answer
  • 1171 Views

I'm a graduated engineer and was looking for job. Iv been contacted by an online consultancy service (naukri.com)which helped me getting a job in Reliance Industries Ltd. After this they sent me some mails having some forms and asked me to fulfil the formalities along with a security amount only after which I was about to receive my call letter. I paid the amount and waited for the joining but that wasn't sufficient.they again asked for more irrelevant amount of money which I didn't pay and asked for the cancellation of my job plus the refund also. Earlier they said I'll get the refund but now they are denying. I have no idea what should I do now. I don't want the job but I definitely want my money back. I'm sure there would have been some more job seekers like me who have been conned like this. Would be a great help if you can advice me on this.

Answer 1

Here Naukri.com induced you to enter into a contract by saying that they will provide you a job though they didn’t had any intention to do so. Section 17 of Indian Contract Act, 1872, talks about “Fraud”, it means intention of one person in a contract to deceive the other person by making false promises or inducing him to enter into the contract. Here, the consultants gave you some form to fill as well as asked to pay security money. This clearly shows that they had no intention of fulfilling the promise. It was just a way of inducing you to enter into a contract, to commit a fraud.

 Sec. 2(c) of Consumer Protection Act, 1986, defines “Compliant” as any allegation in writing for the services hired or availed by one person if suffers from any kind of deficiency. Clause (g) of the same section also defines “Deficiency”, which means any fault or shortcoming in the quality of services which was to be provided as promised in the contract. Referring the above mentioned section we can say that there has been deficiency in service, since the consultancy service promised you a call letter once you pay the security amount. But then they started to ask for more money which shows that they had no intention of providing the services.

Here, the exchange of emails will constitute as a valid contract. According to Evidence act, emails can also be shown as evidence to show there has been a contract. You can file copies of your email as evidence in the court. You can approach the District consumer forum claiming there has been deficiency in service since they promised you a call letter but instead of that started asking for more money.

Your case can also fall under Cybercrime, which is governed by the Information Technology Act, 2000. Cyber crime is a broad term that is used to define criminal activity in which computers or computer networks are a tool, a target, or a place of criminal activity and include everything from electronic cracking to denial of service attacks. It also covers the traditional crimes in which computers or networks are used to enable the illicit activity. There is a procedure which is normally followed:-

Step 1 You need to provide name, mailing address & telephone number along with an application letter addressing the head of a cyber crime investigation cell when filing a complaint as all the state is having their own cyber cell

Step 2 Step 2- Provide the following things with the application-

  • Name
  • Address
  • Email address
  • Telephone no.

Step 3 you need to provide certain documents in order to register a complaint. List of documents varies with the type of cyber crime. In this case the receipt of the amount deposited, Secondly the Detail of A/c holders's to which money is deposited and the record of communication between you and naukari.com.

Thereafter, the process of Investigation will take place which will be carried by police office under section 78 of IT act which says that Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a police officer not below the rank of Inspector shall investigate any offence under this Act. Once it is found that the person is guilty of the offence under the IT Act then the person behind the Act can be arrested under Section 80 of the IT act and the things involved in the case can be confiscated under section 76 of the Information Technology Act.

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