ONLINE SCAM

 

                       ONLINE SCAM

What Can We do If We Make Payment For Any Service Through Online Ad Or Social Media ,Any Platform,And Service Provider Do Not Respond?

Author - Kuldeep Patel, Rani Durgavati University, Jabalpur

In today's time, online activities have become common. Whenever we see any things online, which we want then we want to use them. Without calculating of risk , risk of money ,risk of privacy, risk of any danger stuff

Let's say I bought something online, whether it was a product or a service.But after payment we did not get it or that person, company, website, etc,  did not get  response. 

Then  these questions comes to your mind What you do?? What is your legal remedy? How can you reach them? How you punish them ? How should you act?

 And here is answer of all these questions

 

1.Online complaint

Filing a complaint with the National Cyber Crime Reporting Portal (NCRP): The NCRP is a central government initiative that allows victims of cybercrime to file complaints online. Once you have filed a complaint, the NCRP will investigate the matter and forward it to the appropriate law enforcement agency.

 

2.Under criminal complaint

Filing a First Information Report (FIR) with the police:  An FIR is a formal complaint that you can file with the police against that person or organisation if not exist  then . You have filed an FIR with the payment or transaction I'd , the police will investigate  through the I'd and find the payment reciever person ( scammer) , the matter and take appropriate action against the scammer.

 

2.1. Section 416 OF IPC

Cheating by personation

Where a person pretends to particular person someone ,he is actually not, for purpose of cheating

 

If any of scamer pretend himself as someone who provide particular service and  he is expart on that , and after payment not acting or responding , comes under this section or cheating in Indian penal code 

• Abhoy Ashutosh Dutta v. State of U.P.: (2010) 5 SCC 408

In this case, the Supreme Court held that impersonating a government official and obtaining money from a person is an offense under Section 416 IPC.

 

2.2. Section 66D of the Information Technology Act,  deals with the offense of cheating by personation by using a computer resource. This section makes it a crime to impersonate another person online with the intent to cheat or deceive them.

 

The punishment for cheating by personation under Section 66D is imprisonment for a term of up to three years and a fine of up to one lakh rupees.

 

Here are some examples of how Section 66D might be applied:

 

•  Creating a fake social media profile to scam someone out of money
• *Using a fake email address to impersonate a customer service representative and trick someone into revealing their personal information
•  Creating a fake website to trick people into entering their credit card information

 

State of West Bengal vs. Subhajeet Mukherjee (2019)

Calcutta High Court Criminal Appeal No. CAN/35/2018 (Decided on December 6, 2019)

 

In this case, the Calcutta High Court convicted the accused under Section 66D of the IT Act for creating a fake email address impersonating a government official and demanding money from a person seeking a job. The court held that the accused had intentionally deceived the victim and caused financial loss to him.

 

3. CERT-In  complaint you believe that you have been the victim of cheating by personation online, you should  file a complaint with the Indian Computer Emergency Response Team (CERT-In)

 

To file a complaint with CERT-In, you can use their online reporting form or send an email to their helpdesk.

 

use the form, you will need to provide information about the incident, such as the date and time it occurred, the type of incident, and the affected systems.

 

You can also send an email to CERT-In's helpdesk  In your email, please include as much information about the incident as possible.

 

Here are some additional tips for filing a complaint with CERT-In:

 

•  Be as specific as possible about the incident.
•  Include any relevant screenshots or other documentation.
•  Provide your contact information so that CERT-In can reach you if they have any questions.

 

CERT-In will review your complaint and take appropriate action. If you believe that your complaint has not been adequately addressed, you can contact CERT-In's Public Grievance Officer through that website .

 

 .4..Filing a complaint with the Consumer court  under (CPA): if sure that company is exist and have some physical  presence then You are eligible for it.   The consumer court  is a government agency that protects the rights of consumers. If you have been the victim of an online scam, you can file a complaint with consumer forum and seek compensation for your losses.