Cheated in the name of job
Hello, two of my friends were cheated by another person on a job offer he made.This person offered them a job in the company he claims he is working in Banglore .Then he created a fake profile of a lady on Facebook claiming that that she is HR manager of the firm and asked them to deposit money in the account.Later when they went for joining he is not picking up the phone and has absconded.Both the parties are from same district and his whereabouts is known to my friends.But temporarily he didn't go to his own home where his parents live.We have all proof of chats made on FB and money transfers made and call logs.So what can be done to help my friends?
File a police complaint/ FIR. Give all pertinent information to the police and follow up with them regularly to ensure his arrest. In case the police do not cooperate, you can also file a complaint to the magistrate or file an application u/s 156(3) CrPC. It would be better to proceed with the criminal remedy first and then for civil remedies to get back the money.
I do, however, foresee some problems in relation to the proof of chats made on FB and money transfers made and call logs. How are you going to prove that it was that person only who made false facebook profile. Do you know the name of the person in whose name account was in which money was deposited? This is ofcourse for the police to investigate more and to gather evidence, however, the more you can provide them it will be better.
Such kind of cyber crimes are quite offend these days. Your first legal recourse should be to file a complaint at the appropriate consumer forum (where the cause of action as arisen or where you reside) about the company. Depending on the relief claimed, a consumer complaint in your case will be filed in District Forum: When relief claimed is less that Rs. 20, 00, 000/-;
You can file a criminal complaint under Sections 406, 419 & 420 of Indian penal code along with 43, 65, 66, 66A, C and D of the Information Technology Act, 2000. In case the police officers fail to register the same, you can move an complaints u/s 156(3) of Code of Criminal Procedure.
Below mentioned are the steps you can take to file a cyber crime complaint.
Step 1: Keep in mind that you will have to provide name, mailing address & telephone number along with an application letter, addressing the head of a cyber crime investigation cell when you go to file a complaint.
Step 2: You have to provide with the following papers and documents at the time of filing the complaint. The valid documents are, namely:
1) Server Logs
2) A copy of the defaced web page in soft copy as well as hard copy format. If any data is compromised on the victim’s server or computer or any other network equipment, soft copy of original data and soft copy of compromised data.
3) Access control mechanism details i.e. – who had access to the computer or email of the victim?
4) List of suspects i.e. if the victim is having any suspicion on anyone.
5) All relevant information leading to the answers to following questions, namely:
- What is compromised?
- Who might have compromised the system?
- When was the system compromised?
- Why was the system compromised?
- Where is the impact of the attack-identifying the target system from the network?
- How many systems have been compromised by the attack?