How an American woman won $2 million from a matrimonial site

DO I HAVE A RIGHT TO BE NOT MADE A MONKEY OF?

Yes. You do...............

Last week, we asked if job-seekers, when sent off on smoke-and-mirror interviews, are entitled to judicial relief. Most Moneylifers must have said, “So what?”. It’s a small thing, after all. Herein lies the rub. One has a right not to be cheated. The right does not specify the quantum of loss (though Indian Law does not recognise losses under Rs. 50/-). Misrepresentation is cheating. And rights need to be enforced.

We go back to 2006, when a matrimonial site in America promised, not just a honeymoon, but almost the moon itself! ‘Join our scheme and stop driving around in that old car, when you can be driven around in a Rolls Royce’, they said. In other words, “We will get you rich spouses”.

A dear old lady, a 60 year-young widow, opted to join. For a long time nothing happened..... except a few dates, with supposedly eligible and RICH grooms-to-be. She met a few men obviously hoping to meet Mr. Right. UNTIL one day she realised that the "International Banker" she had gone out with was no more than an interpreter at a bank. A clerk. Without the Rolls or any other fancy conveyance. In this case she had, fortunately for her, paid money to enrol. There was a definite breach of contract. Lies, lies and more lies. 

The dear woman was made of sterner stuff. She sued. 

Now YOU BE THE JUDGE.

Consider the facts. She was made an offer, through an advertisement, word of mouth or any other means. She accepted the offer. Paid the fees. She expected the promised service in return. She put faith in the organisation. They not only failed her but fooled her. That is what the court would look at. The deceit. The fraud. The trickery.

However, there is one thing to take a note of. Free services, when offered, may be difficult to pin down. There should be some compensation. Only then can one prove reneging on a contract.

So what happened to the old lady and her suit?

This was in America and she won. Two million dollars. That’s Rs. 12,00,00,000/-! With that sort of money, who wants to get remarried?

Of late, we in India, have woken up to such “schemes”. Incorrect, misleading advertisements are being looked into. Promises, made with products, are no more than the silver that one can collect from moonlight. Moneylife has been in the forefront when financial products and insurance matters are to be pursued; and with success.

So why not with other will-o-the-wisp offers? Does the value have to be in the thousands or lakhs to be considered ripe for picking? Are not everyday product fit for the scanner? How much different is a pyramid scheme from one that promises an impossibility? Fairness creams are under pressure. Why not other products?

Whether it is the manipulated job-seeker or the hope-filled widow, the law is on the books, ready to be used. The question that most would ask is whether it is worth following it up. The answer is in two parts. One such demeanour may be ignored but when they add up, a lot of persons get affected. Class action may be the solution.

The second part is a bit more involved. If you care not for the small infractions of law, how long will it be before larger ones become impossible to manage? At a recent conference of the US-INDIA Business Council, the common argument was that India has enough laws; more than enough. The problem is implementation. How long are we going to be made monkeys of ?

Bapoo Malcolm is a practising lawyer in Mumbai. Please email your comments to bapoomalcolm@gmail.com or mail@moneylife.in

Courtesy By: Moneylife