Manikanda Prabhu J
B.Com. LL. B (Hons.)
Advocate, Madras High Court
5/3, Additional Law Chambers, High Court Annexe,
Chennai – 600 109
Phone: 8608259701
Querist: Mr. Immanuel Kishu
Background and brief facts:
You, Mr. Immanuel Kishu, a 2019 graduate of Rosy Expectations Polytechnic Institute has
created and operated an online profile in well-known employment portal Naukri.com for the
purpose of applying to jobs. On 27 September 2019, he received an inbox message from one
Ms Swati Mehra, who claimed to be the HR of “Hope Finance”, an international company
operating in the consumer credit sector. The email said that you have been shortlisted from a
list of over 500 candidates, and if he is interested in proceeding to the next stage of interview,
he needs to secure his listing by paying a Registration Fee of Rs 2500, which is fully
refundable if he does not make it / opts out before the final round. Mr Kisku promptly paid
the amount the very next day i.e. 28 September 2020 to the bank account specified in the
email on the expectation of a positive response. Thereafter as per the instructions received
through subsequent emails from Ms Mehra, Mr Kisku transferred to the same bank account
further sums to the following tune:
• Rs. 2500 as Registration fees
• Rs 1200 as HR Service Charge
• Rs 4500 as Degree Verification Charge
• Rs 6800 as Finance Report Charge
• Rs 3500 as Corporate Social Responsibility (CSR) Charge
Total = Rs 18,500/-
Thereafter, the last email asked for Rs 10,500/- towards Job Security cum Bitcoin
Encashment Charge, on being suspicious of the situation you have not transferred any further
sums. On 13 January 2020, you wrote back to Ms Mehra, stating your unwillingness in the
job profile and asked for a full refund of all payments made till date. This time, instead of Ms
Mehra, another person named Mr Anil Matthew replied back, saying Ms Mehra has been
transferred to another department and they will get back with the refund details shortly.
After days of waiting and unanswered emails, you have written an email to the Customer
Care Manager at Naukri.com on 2 April 2020. But only to receive an auto-generated
acknowledgement email simply stated all customer care requests were currently paused due
to shortage of staff following Governmental lockdown measures.
Query sought:
What are the legal remedies to recover the total sum of Rs. 18,500/- and take appropriate
legal action against the Hope Finance Ltd., Ms. Swati Mehra and Mr. Anil Mathew and
Naukri.com?
Opinion:
In my considered opinion, my primary advice is to send a legal notice in the appropriate
format addressed to Hope Finance Ltd., Ms. Swati Mehra and Mr. Anil Mathew and
Naukri.com calling upon each of the aforesaid to pay the due on their part to the tune of Rs
18,500/- failing which appropriate civil and/or criminal action will be taken forward.
However, the following are the further course of legal actions that are available.
• Cyber law remedy
To the extent that the facts portray a possible online fraud, it is being governed by the
Information Technology Act, 2000 and Indian Penal Code, 1860.
o In general cybercrime may be defined as “Any unlawful act where computer or
communication device or computer network is used to commit or facilitate the
commission of crime”. The present is also a case of a potential Online Job Fraud,
which is an attempt to defraud people who are in need of employment by giving
them a false hope/ promise of better employment with higher wages
o Phishing involves use of fake emails and/or fake websites. Cyber Criminals send
emails that appear to be from an enterprise bank that direct customers to a fake
website/portal/such other. This prompts customers to share their bank account
access data for online tansactions. This is a punishable offence under Section 43
of the Information Technology Act, 2000 with penalty upto Rs. 1 Crore.
o Section 415 of the Indian Penal Code defines cheating. Cheating includes
deceiving any person fraudulently or dishonestly to deliver any property to
another person. Here you have been deceived to transfer Rs. 18,500/- to Hope
Finance Ltd. on being enticed with the promise of a job and the refund requests
have not been addressed till date.
o Thus, it is advised that you can approach the District Cyber Cell and report a
formal complaint, upon which an investigation will be undertook and on
conclusion of which a charge sheet will be filed before the concerned
jurisdictional Judicial Magistrate.
• Consumer law remedy
In addition to the aforesaid, there is also a remedy in consumer law against defect in service.
Assuming you’ve used a premium service in Nakuri.com, you are a consumer as per the
Consumer Act, 2019. This Act applies to cyber consumers also because there is no basic
difference between cyber consumer and ordinary consumer. Differences occur in the medium
of availing and hiring goods and services. Ordinary consumer goes to market for purchasing
goods and availing services but in later case it is done via computer. Thus, there is always a
secondary remedy against the Nakuri.com before the SCDRC or NCDRC. The 2019 Act also
provides for filing of Complaints before the District Forums electronically in accordance with
the rules.
• Civil and Tortious remedy
A suit can also lie in the instant facts and circumstances on two grounds, firstly, for the lack
of due care and caution and an apparent negligence on part of the service provider
Nakuri.com and secondly, link between the wrongful act and the injury on part of the Hope
Finance Ltd. and its so called representatives are writ large.
Pointers against the case would be that under Section 79 of the Information Technology Act,
Nakuri may claim exemption as an intermediary.
Disclaimer:
This legal opinion is to the best of my ability and as per the facts, documents served and the
telephonic conversation with you.
Manikanda Prabhu J
13-04-2021, Chennai
