
The number of online scams are on the rise and online recruitment scams are also being reported more often. A typical scam email or advertisement will mention a spoofed email id of a reputed company and will either offer you a job via email, or will place a newspaper advertisement with the contact email id for victims to fall prey.
On responding to such an email, a victim will receive a positive response and will be asked to deposit a refundable amount of money in a specified bank account for securing the job. Once the money is deposited, the recruitment scammer disappears for good and your money is gone!
However, Cyber Laws offer a legal recourse to recover your money if you are a victim of such scams. Online Recruitment Scammers can be booked under the provisions of the Information Technology Act, 2000 and The Indian Penal Code.
Here are 7 steps that will help you recover your money
1. File a complaint with the Cyber Crime Cell to trace the ip address from which you received the scam email.
2. Submit a Customer Dispute Resolution Form with the Bank from where you have transferred the money.
3. Make a complaint to the Bank in which the Scammer has a bank account, where you have transferred the money.
4. File a complaint before the Adjudicating Officer, Information Technology Act, 2000 against the Bank where the scammers bank account is functional, along with making the IP address a party so that the Court orders a tracing of the address.
5. The court will further conduct an inquiry into your complaint and the matter will be heard and decided within a period of 6 to 9 months.
6. The complaint should be filed in the format as specified in The Information Technology (Qualification and Experience of Adjudicating Officers and Manner of Holding Enquiry) Rules, 2003; which is as follows:
I
1. Name of the Complainant
2. E-mail address
3. Telephone No.
4. Address for correspondence
5. Digital Signature Certificate, if any
II
1. Name of the Respondent
E-mail address
3. Telephone No.
4. Address for correspondence
5. Digital Signature Certificate, if any
III
Damages claimed
Fee deposited
Demand Draft No.____________dated __________Branch__
IV
Complaint under Section/Rule/Direction/Order et
c.
V
Time of Contravention
VI
Place of Contravention
VII
Cause of action
VIII
Brief facts of the case
(Signature of the Complainant)
7. The Application Fees for filing a Complaint is Rs. 50 and depending on the claim amount a court fees is payable.
The author, Puneet Bhasin, is a Mumbai-based Cyber law Expert and specialises in cyber laws which encompasses cyber crime litigation, E-commerce laws and Intellectual Property Rights in Cyberspace.
Disclaimer: This article does not constitute legal advice and does not constitute an Attorney-Client relationship between the author and reader.