cyber lawyer

7 Steps for recovering your money if “You” are a Victim of an Online Recruitment Scam

-Advocate Puneet Bhasin, Cyber Law Expert, Cyberjure Legal Counsulting

contact.cyberjure@gmail.com

http://www.cyberjure.com

http://www.indiancyberlawyer.wordpress.com

scamjob

With the advent of cyberspace, the number of online scams are on the rise and online recruitment scams being a major cyber crime with rising statistics.

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!

No real job requires any kind of fee, including administrative, visa processing, work permits, certificates, authorizations, “Affidavit of Guarantee”, “Letter of Attestation”, “Affidavit of Oath” “Affirmation”, or other legal or immigration fees.  No real company ever requires you to make a “refundable” deposit before you are interviewed.  No real company says it will reimburse you for expenses!  As soon as you are asked to pay any money for anything, including a visa or work permit, that tells you there is no job, it is a scam! 

However, Cyber Laws has 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.

Simply following the 7 steps given below can 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 ip address.
  5. The Court will further conduct an enquiry 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:

 PROFORMA FOR COMPLAINT TO ADJUDICATING OFFICER

UNDER INFORMATION TECHNOLOGY ACT – 2000

I Name of the Complainant

  1. E-mail address
  2. Telephone No.
  3. Address for correspondence
  4. Digital Signature Certificate, if any

II Name of the Respondent

         E-mail address

  1. Telephone No.
  2. Address for correspondence
  3. Digital Signature Certificate, if any

III Damages claimed

Fee deposited

Demand Draft No.____________dated __________Branch__

IV Complaint under Section/Rule/Direction/Order et

V Time of Contravention

VI Place of Contravention

VII Cause of action

VIII Brief facts of the case

 

 (Signature of the Complainant)

  1. The Application Fees for filing a Complaint is Rs. 50 and depending on the claim amount a court fees is payable.

Disclaimer: This article does not constitute legal advice and does not constitute an Attorney-Client relationship between the author and reader. Rights of photo in article belong to http://www.eventspeak.com

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Online Banking Scams: Legal Recourse for a Victim

-Advocate Puneet Bhasin, Cyber Law Expert, Cyberjure Legal Consulting

contact.cyberjure@gmail.com

online banking fraud

 If you are a victim of an online credit card scam, then you can seek redress and relief under cyber laws.  In the recent judgement of December 2014 by Adjudicating Officer, Information Technology Act, 2000 in the case of Bal Kishen Rai.v. PNB & Ors., the Court held , that even if a victim divulges his own password by mistake in a phishing scam to a cyber criminal, in case on internet banking, he is still protected by law, and in the light of the Indian Banker’s Code 2014 read along with recent RBI Guidelines  and the principles of the US Banker’s Code, in cases of Internet Banking Frauds and Credit Card frauds a victim’s liability is restricted to Rs. 10,000 only and the loss has to be borne by the Bank. This is a principle of US Internet Banking Law which in this landmark judgement for the first time has laid the foundation of Indian Internet Banking Liability which is pro-consumers and completely protects their interests in cyber crimes.

Meaning of Online Banking Scams:

  1. Where your bank account is debited by an unauthorised online transaction.
  2. Where your credit card has been used without your authorisation for any transaction.
  3. Where you have given your transaction password to a scammer in response to a Phishing scam, which means you receive an email which resembles an email from a bank asking for your bank account details.
  4. Where you have divulged your OTP in a Vishing scam. A vishing scam is one where a person personates a banking official and contacts you to obtain your credit card information on the pretext of generating a new PIN for you, and in the process undertakes online transactions using your credit card data and cheats you into divulging your OTP so that he can complete the transaction.
  5. Where a cyber criminal uses a duplicate SIM card of your registered mobile number, and using your credit card data and due to duplicate SIM has access to OTP also.
  6. Where your SIM card is cloned. SIM card cloning can happen in hotels, shops and any place where you use your credit card for a transaction, and your credit card data is stolen and a cloned credit card is made.

If you are a victim of Online Banking, then you have legal recourse under the provisions of Section 43 of the Information Technology Act, 2000 which deals with Unauthorised Access along with legal recourse against the Bank under Section 43A of the Information Technology Act for failure to protect your sensitive information and passwords, with claim for compensation upto Rs. 5 Crores.

A victim can file a complaint of the cyber crime in the prescribed format before the Adjudicating Officer, Information Technology Act, 2000 with the prescribed application fees of Rs. 50 and requisite court fees. The duration for the disposal of cyber law matters is speedy and  is within 6 to 9 months of filing the complaint.

Disclaimer: The content of this article does not constitute legal advice, and does not create an Attorney-Client relationship between the author and the reader. Rights to Photo in article belong to http://www.pardaphaash.com

Role of Cyber Laws in Divorce Proceedings

– Advocate Puneet Bhasin, Cyber Lawyer, Cyberjure Legal Consulting

legal.pb@gmail.com

divorce privacy pic

privacy 1

Divorce is definitely a painful process. A relationship that begins with affection at the altar ends with negative emotions in a court room. Divorces are of two kinds- Mutual consent divorce and Contested divorces. Mutual consent divorce is one where the parties agree upon the terms of separation and amicably end the marriage; and Contested divorce is one where one of the parties to the marriage has committed a matrimonial offence. There is a burden of proof on the party who alleges that the other has committed a matrimonial offence. This is in common words called the Fault theory of divorce. Grounds of divorce are adultery, cruelty, etc.

In this digital age, the evidence of a matrimonial offence is mostly contained in a computer, laptop, mobile phone, tablet or any other computer resource.  This brings into the picture The Information Technology Act, 2000. For example, in the case of an alleged adultery by a wife, the husband would present the proof of the same from the emails, whats apps and other social media interaction she has exchanged with her boyfriend. The main issue here is the manner in which the husband would obtain this data. If the husband hacks his wife’s email accounts or unauthorisedly accesses her smses he is liable under the Information Technology Act to compensate his wife for the alleged unauthorised access and is liable to be punished for hacking.

The concept of unauthorised access as elucidated in the Information Technology Act includes the act of viewing data in another person’s computer, computer resource or mobile phone without such person’s authorisation. It also makes the act of even touching another person’s computer or mobile phone without their permission an act of unauthorised access and thereby making them liable to pay compensation for the injury caused.

An extension of this concept was read into the fundamental right to life under Article 21 of the Constitution in the landmark case of Vinod Kaushik v. Madhvika Joshi, whereby the concept of right to privacy was included in the relationship of marriage also. There is a right to privacy which a spouse enjoys even in a matrimonial relation and if the other spouse unauthorisedly accesses smses, whats apps and emails to prove a ground for divorce, then it renders such an erring spouse liable under the Information Technology Act. This party presenting such evidence in a Family Court has not come to the court with clean hands, thereby restricting or negatively affecting the remedies available to him.

The advent of technology and its role in relationships has given cyber laws an important role in divorce proceedings.