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Bhavani Singh (others)     04 September 2016

Money fraud case

Dear Sir

 

My query relates to a case of fraud that dates back to 2002.

 

 

The case relates to an amount of 8 Lac that was given by my mother to a man who had promised to get admission to my sister in a private Medical college in the year 2002. This man posed as a former bank employee and gained our trust by visiting our home along with his own family that consisted of his wife and two children both of whom were of the same age as my sister and (according to him) seeking admission in Medical college. My own father had passed away a few years ago and my mother had a government job.  I myself was still in school. Over a period of a few months we handed him the said amount and he got my sister admission in the said college. Since by this time he had established himself as a family friend we did not press him for receipts of the money we had handed him.

 

 

However within a few months my sister was informed by the college authorities that only a small portion of her fees had been paid and the rest was pending. When we confronted the man, he assured us that he would deposit the remaining amount in the college in a few days and there was no need to panic. However soon after he disappeared along with his wife and children. At this point my mother filed an FIR in the local police station. The local newspaper even carried a small news report in the matter. Due to the newspaper report, we found out that we were not the first victim of the man. A large number of families in the region had fallen prey to this man’s fraud. Three such families approached us after the newspaper report. They had the same story as ours but they had been afraid of filing an FIR fearing public embarrassment as they were doctors and professors themselves who had fallen prey to such a fraud and they were worried about what people would say. On our insistence they went ahead and filed FIRs against the man. Later a youth from a neighbouring village also approached us after reading our story in the paper. He had been duped by the same man, but this time on the false promise of getting him a job in the Army. The modus operandi of the man (and his family) was the same in each case – he would pose either as a former bank employee or former Army officer and win the trust of unsuspecting families looking for college admissions for their children or jobs in the army. He would then win their trust over a number of months by presenting himself as a cultured family man . Once he had the money, he would be gone without a trace. No receipts of payment were given in any case.

 

 

After we filed the FIR the police initiated proceedings but nothing happened. We then approached a private detective who traced him down to a nearby city. This time the man promised to return our money, and even returned some 10k on the spot to placate us but he managed to escape the very next day. Over the next few years we received inputs from the private detective on his whereabouts and tried to follow up but nothing came of it. After a while we just gave up on the chase and resigned ourselves to our mistake and got on with our lives.

 

 

However recently I have been able to trace the man down to his permanent address in a different city and a different state. My question is that if we were to approach the police and the courts now, is there any legal remedy available for us to recover our money, given that we have no receipts of the money we handed to him, even though the amount was quite large by the standards of those days?

 

Thanks and regards.

 



Learning

 11 Replies

Sudhir Kumar, Advocate (Advocate)     04 September 2016

"8 Lac that was given by my mother to a man who had promised to get admission to my sister in a private Medical college in the year 2002."

 

basically a case of getting admission without merit

Sudhir Kumar, Advocate (Advocate)     04 September 2016

"My own father had passed away a few years ago and my mother had a government job. "

was this amount less than 2 months basic pay of your mother and if so whether she reported this transaction to her department.  If not she can face disciplinary action.

Sudhir Kumar, Advocate (Advocate)     04 September 2016

"he assured us that he would deposit the remaining amount in the college in a few days and there was no need to panic."

so you trusted him.  why shoudl he deposit this after cheating you.  did he cheat for charity?

Sudhir Kumar, Advocate (Advocate)     04 September 2016

"Later a youth from a neighbouring village also approached us after reading our story in the paper. He had been duped by the same man, but this time on the false promise of getting him a job in the Army. "

 

Another case of plannint of joining Atmy without merit.

 

So the boy attempted to bribe public officials through him and thereby he himself is guilty under PC Act.

Sudhir Kumar, Advocate (Advocate)     04 September 2016

"is there any legal remedy available for us to recover our money"

Law provides no menas to recover money given for illegal purpose.  You never entered in any legally tenable contract.

 

Law also does not provide any remedy to recover any money from a person whose whereabouts are not know even if your dues were lawful.

LAw at the mnost provides remedy for his arrest.  You have to approach High Court for writ mandamus to the Police.

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     04 September 2016

Sir, 

 

What was the fate of the FIR in the earlier case on records ? I mean whether the FIR was closed or what had happened to the FIR ? 

I can further suggest you something if you can clarify me about the preivous case ? 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Bhavani Singh (others)     04 September 2016

@Sudhir Sir

 

Law provides no menas to recover money given for illegal purpose.  You never entered in any legally tenable contract.

 

 

I'm not sure about the status of capitation fee/donation in private medical colleges now but i don't believe the practice of donation had been declared illegal by any court in 2002. To the best of my knwoledge judgements in this regard came only after 2011 and even now are legal in some states. The present case relates to the state of UP. Does the  giving of donation in 2002 qualifies as an 'illegal' act if no judgement/law regarding the same existed? The applicant in this case had appeared for the requisite qualifying entrance tests.

 

was this amount less than 2 months basic pay of your mother and if so whether she reported this transaction to her department.  If not she can face disciplinary action

 

 

The money we paid to the man was raised through the sale of ancestral property we owned and it was done through all the proper channels. Can a govt servant be held accountable for sale of their own private assets?

Sudhir Kumar, Advocate (Advocate)     04 September 2016

was this amount less than 2 months basic pay of your mother and if so whether she reported this transaction to her department.  If not she can face disciplinary action

 

 

The money we paid to the man was raised through the sale of ancestral property we owned and it was done through all the proper channels. Can a govt servant be held accountable for sale of their own private assets?

 

Certainly yes.

 

Every Govt servant is liable to intimate to his/her deptt witin one month if he/she entered in any fianncial transaction above two months basic pay (certainly such transactions are from own money.  If this transaction is with a person with who he/she had official dealings then prior permission is needed.

 

In this case ther eis one more unreported transaction that is sale of ancestral property as you told.

Sudhir Kumar, Advocate (Advocate)     04 September 2016

Law provides no menas to recover money given for illegal purpose.  You never entered in any legally tenable contract.

I'm not sure about the status of capitation fee/donation in private medical colleges now but i don't believe the practice of donation had been declared illegal by any court in 2002. To the best of my knwoledge judgements in this regard came only after 2011 and even now are legal in some states. The present case relates to the state of UP. Does the  giving of donation in 2002 qualifies as an 'illegal' act if no judgement/law regarding the same existed? The applicant in this case had appeared for the requisite qualifying entrance tests.

 

If the transaction was lawfulk then why you needed the tout.

If the boy who met you was eligible and compatible to join Army then why he needed him.

Bhavani Singh (others)     04 September 2016

If the transaction was lawfulk then why you needed the tout.

Private colleges never had any fixed amount that they would accept as donation/capitation fee. This amount varied according to the whims and fancies of the owners and the skills of the negotiator. This left ample room for middlemen to negotiate and to the best of my knowledge there was no law or court judgement regulating this practice. This person posed himself as a person who could convince management to charge a lower donation fee ,for instance, on compassionate gorunds like the child having lost a parent or the parents not being very well off.  Additionally most if his victims were working professionals with time constraints and he presented himself as a family friend who could be trusted to get the admission formalities completed without any hassles. Most private colleges are located well outside cities and admssion procedures can be time consuming.

 

Sudhir Kumar, Advocate (Advocate)     05 September 2016

Legal angle has already been cleared to you.

 

It doe snot matter even if this forum is convinced that you acted wisely.  without trust none can cheat others and this is age old practice.

 

Matte3r of the fact is that

  1. you have been cheated
  2. whereabouts of the cheat are not stable.
  3. You hae already spent good amount and efforts to locate him.
  4. After you locate his location changes leaving you with efforts all over again.
  5. you cannot serve notice for civil suit.
  6. you can compell police thorugh High court to nad the person from whereever youlocate him.
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