File police complaint against numerologist of cheating under section 420 of IPC
2) issue legal notice to numerologist to
refund your money with interest
Under which section can I file a complaint
I consulted a very famous numerologist who comes in TV and newspapers. The initial consultation charges was Rs.6000. Paid the money. During the consultation, the numerologist suggested that I pay up Rs. 6 Lacs and my fortunes will boom within 90 days after the name correction. Trusted and paid bcoz the personality is very famous. For name correction 30 days was taken and thereafter I changed the name in visiting cards, gmail id and social media network. 150 days passed and no change happened. Infact I lost income during these 150 days. Now the person is saying my shani dasa is running and therefore it is not working. The person discovered this only after I started following up for refund of money. Since 6 lacs is too huge a money, I can't afford to lose it. I need your suggestion. What should I do ?
Asked 8 years ago in Criminal Law
Religion: Hindu
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21 Answers
Hello,
I understand your grievance and you dont actually have to know the sections for filing the complaint. Its a clear case of fraud and cheating and you may approach the PS with a complaint and request to lodge an FIR.
Thanks and Regards
The personality is very influential and very famous in the City. I am not sure whether any PS will take the complaint and lodge an FIR. I am consulting the expert lawyers for this reason only.
Asked 8 years ago
Hello,
1) You must first of all file an FIR in the local police station. In case the police refuses to take a complaint or does nothing to investigate, you can file a private complaint with the Magistrate ego will order the police to investigate and submit report.
2). You can file the complaint before the Magistrate u/s 156 of Cr.P.C. Ensure that you have all the proof of payment you made to the seats numerologist.
if police refuse to regsiter complaint then file complaint before magistrate under section 156(3) to direct police to investigate and submit report
1. The prediction of fortune and suggested remedies are not guaranteed.
2. No fortune teller can be taken to Court if his prediction or suggestions are proved to be incorrect.
3. It is similar to the prediction and suggestions of stock market brokers/advisers who predicts fortunes for a share which gets busted after some time.
4. Your only remedy is to approach the said astrologer and threaten him about filing a cheating case against him with media publicity and try to extract whatever you can out of your said Rs.6 Lakhs.
1. No police station will take FIR since astrologers can not be sued if their predictions differ with reality.
2. Act as advised in my earlier post.
What can I say on this? To cure the shani dasa he will demand further 6 lakhs. The fact of the matter is that you paid him the money with your free consent, which he cannot be made liable to return now. To recover the money from someone you have to prove that he was paid the money and that the corresponding contractual obligation was not discharged by him. However, there is no legal yardstick to measure if the fortune has changed or not, as promised by the numerologist. So, no criminal or civil case is made out against him. You must understand that these are all fraudsters. Learn a lesson for future.
Police Complaints will take its own course of time and I am not too sure how much time it may take. I propose to print some Posters and Leaflets putting the photograph of the Numerologist and how I got cheated. Also use Facebook and other Social Media Network to spread the news. The person is particular about his image and she will not allow the same to be tarnished. Before really spreading, a small jolt will be given to her and see how she reacts to the same. I am also thinking of doing dharna in front of her office getting a support of 50 - 100 people whom I know. All this actions may shake her a bit and will put her under pressure to pay me back. What I want from the expert lawyers here is if I take such actions, what are the legal implications ? How can she counter attack my such actions legally ? I am looking for valuable suggestions from the Experts here.
Asked 8 years ago
1) numerologist will file complaint of criminal defamation against you under section 500 of IPC for malinging her repuation
2) in addition shew would also file suit for damages against you
3) truth is the best defence in defamation cases . i presume all payments were made by you by cheques and you have in writing from her that on payment of 6 lakhs your fortune will change in 90 days
What i suggested you was legal action amd also if the police officials refuse to register the FIR you can approach the Magistrate directly with the complaint. However, the acts you are suggesting here might prove bad for you. She might then file a case of defamation, she might register an FIR against you and you will be in a problem then, so its better to deal with the problem legally. However, you are free to raise your voice without any legal hurdle.
1. Your plan to put a dharna before her house/chamber is a right one to publicise her act of illegally minting money through false prediction to distressed people. It is expected to yield desired result.
2. Your plan of publicising her photographs in social media or adverse comments on her should be implemented very carefully to ensure that she does not get a chance to file a criminal defamation case against you u/s 499 of IPC.
3. You must substantiate all your allegations with evidence in social media and should act very carefully.
What you propose to do will amount to defamation which carries imprisonment of up to 2 years, but short of that any other pressire tactic may be resorted to.
Why is our legal system so unfriendly to gullible people like me ? Some answers given here are heart breaking ones. I can't file a case. I can't defame her since she may file a defamation case against me. Her normal name changing service with no guarantee is Rs. 6000 for which I went. Even if it had not worked, I would not have bothered. Why did she lure me to pay Rs. 6 Lacs ? She said in 15 days you will start getting symptoms. Your life will just "boom". For 6 Lacs I will do a thorough analysis of your horoscope and come out proper change of name and thereafter you just see what happens. You will lead a Celebrity life. Bla Bla. What are these words then ? The fact that she is a TV Personality, it made me believe her and I went on to pay that amount only to discover was that she did a simple 10 minute job on my name. Changed my name from V. Sridhar to Sridhhar Raaman. Now when things didn't work out, she further goes on to say, check your Fengshuii. There appears to be Shani Dasa in your horoscope. Put the blame on me and get away ? Does the legal system allow such people to go Scott Free ? Is our legal system so weak that they can't protect an innocent and gullible person like me who got duped by such words ? I really don't know what to say. Chith be mera patt be mera. Yeh Kya hai experts ? I am willing to engage a lawyer from this group who can take up this case and win for me. I need help in drafting a Police Complaint and fight this case till I get justice. At every step, I feel the opposite party will react in my favour. She is also concerned about her name. Right ? I am available on phone [deleted]. Please call or message me.
Asked 8 years ago
for drafting police complaint you cna engage any lawyer on this website
2) if you have been defrauded you have legal remedy
3) file police complaint of cheating under section 420 of IPC
4) we only advised you to be careful in posting details on social media as lady may file defamation case against you
1. You act in a reckless and naive manner and then blame the legal system. Do you expect the judges manning the courts to accept on face value your statement that you paid x amount of money to this person for a positive change in your fortune, which did not happen, so she be ordered to repay the money? If the answer is yes then this wouldn't happen in any legal system of the world, be it India or US. Courts seek evidence, they do not administer justice on the basis of passionate statements. If you go to court now you will have to firstly prove that there was a contract between you and this woman whereunder you agreed to pay x amount of money for a change in your fortune, but the change did not come about. Most importantly, you will also have to prove her liability to refund the money with or without interest if the change did not happen. Every sum of money paid to a professional is not refundable. It becomes refundable only if the recipient binds himself to refund it. If you have any such evidence then alone you can stand on your feet in the court.
2. Be that as it may, the only way I can see you getting it back is if you do some dharnas and attract undivided attention of people by making noise outside her office/residence. If she is a well known numerologist she would always be wary of loss of reputation.
The person discovered this only after I started following up for refund of money. Since 6 lacs is too huge a money, I can't afford to lose it. I need your suggestion. What should I do ?
It was your fault to for having approached him to gain benefits in a short cut method,
There was no written agreement between you both that upon payment there shall be a guarantee for the benefits orally assured.
You canot book him for cheating or offences for fraud because it was you who voluntarily went to him and got disappointed.
You should understand one thing that there is no such thing called astrological luck that made you to follow it blindly.
There is no law to book him for non performance as well.
However you can lodge a complaint agaisnt him with the local police for his fraudulent activities of cheating public in general and you in particular.
You may even try the option for sending him a legal notice demanding the return of the amount since the assured result never happened.
The personality is very influential and very famous in the City. I am not sure whether any PS will take the complaint and lodge an FIR. I am consulting the expert lawyers for this reason only.
If local police is not entertaining the complaint, you may lodge a complaint with the higher police officer and flash the news through news-media or social networking systems to tarnish his image.
What I want from the expert lawyers here is if I take such actions, what are the legal implications ? How can she counter attack my such actions legally ? I am looking for valuable suggestions from the Experts here.
You can execute the planned acts against the person in the manner you have designed
You will get threats and even you will be assaulted or attacked by her henchmen and goons.
You should not deter from your determination and should not withdraw from your agitation against her.
you can take the support of popular news channels for this program
The beliefs in myth and non-existing things and falling prey to such attractive but unreasonable activities by the wrong person have become common among the people these days.
The sense of becoming of aware after getting disappointed should have been there before approaching such social evils disguised in the form the popular astrologists etc.
They cannot be blamed but the people who blindly believe them without even having a commons sense about this should not to be blamed. In your case you realised only after losing heavy money that for having waited for so many number of days waiting for the result that can never happen as per your desire.
You do not have any rights to blame the legal system or the law enforcing authority or the local civic administration for this great blunder on your side.
The cheaters will keep booming so long they find the innocent victims, hence it is always buyer beware.
1. The same questions can be asked to you like why are you so gullible to believe that by changing your name your fortune can be changed giving you a guarantee or by paying Rs.6 lakhs to the astrologer you can get a boom in your fortune?
2. Rs. 6 lakhs is it self a fortune which you happily gave away for better fortune. Had it been a fact that by paying money to astrologer people can get their fortune changed, then no body would have studied or worked hard but would have queued up at the door of astrologers for changing their fortune.
3. You stated that she told you bla bla bla and guaranteed you so many thing. Did you keep any record thereof or made any agreement for the same?
4. You have allowed yourself happily to be cheated without keeping any evidence of her cheating you.
5. However, you can lodge a police complaint alleging that she has taken loan of Rs. 6 lakhs from which she is not returning now, if you can submit an evidence of your such payment like DD or Cheque as sich giving of loan will be believed by everybody but paying Rs.6 lakhs to astrologer in 20th century will not be believed by the Court.
Hello Lawyer Friends : I am very happy to inform you all that I have won the battle single handedly. I got back my money. Rs. 5,77,000 was refunded to me. The deduction is on pendant and few other things and since I received bulk of the money, I didn't force too much on that 23,000 deduction. This could be achieved because she is a little famous numerologist and she was more worried about her image. She thought I will be a nuisance and her future business may get affected. All that I did was to threaten them that I would put up a Shamiana in front of her office, come with 100 people and do hunger strike till I get money. I also said, I will distribute leaflets to all her neighbours residing in that locality and keep them aware how I have been duped and also seek their help in recovering my money. Over and above, I said an FIR will be filed in Police Station and if the PS refuses I will go to the magistrate and get directions to Police to take action against them. I quoted the Sections and made them know that I have consulted lawyers. I only threatened but did not do anything of that sort. Glad news is that I got back my 95% payment. I thank Mr Krishna Kishore Ganguly and Ajay Sethi who have responded to my question and whose answers I found them to be useful guidelines for me. It doesn't mean that others have not contributed. It's been truly a great lesson to me. Once again from the bottom of my heart I thank you all.
Asked 8 years ago
thanks for your appreciation .
we are happy that you recovered your money
It is happy to learn that you could achieve your object by adopting the strategies as suggested by this forum members and also your by our own efforts.
Congratulations on your success.
Ensure that you do not fall prey to such temptations in future by some other rogue.
1. Congratulations.
2. Finally you turned out to be a very smart lady.
3. You are right. She refunded most of your money fearing bad publicity which will cost her dearly and dry up her source of income in future by similarly cheating people.
4. Hope, you shall not ever meet any astrologer in future seeking to change your fortune with their help and shall try to change it yourself.