Data Entry Fraud - online agreement which I signed digitally Data Entry Fraud - online agreement which I signed digitally

1 year ago

I find a data entry job on naukri.com and they give me an online agreement which I signed digitally. They give me 800 forms, which should be completed in 7 days. I did complete 120 approx forms and then my id is deactivated. And now they are asking 4500 rs to activate the account and 9000 rs for not completing the work. What should I do now? Should I block them ?

Legal Counsel Vidhikarya

Responded 5 months ago

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A.Dear Client, When you joined the Company for an online data entry job signing an agreement digitally and kept a soft copy of said agreement and if that agreement is silent on the subject or without any specific terms stating that in case you fail to complete a time bound assignment or leave the assigned job incomplete, you have to pay compensation for deficient service or to face legal Consequences, then on receipt of unethical demand from the Company asking for money for different purpose, that itself proves their dishonest and ulterior motives to extort money from the candidate by way of fraudulent and fake identity. So, you should first block all sources of contact and make a complaint against the fraud Company at the local police station by way of GD and before blocking the contact, serve a legal notice to the said company enclosing a copy of the police complaint(GD) informing them that you are contemplating filing a criminal suit against the Company for cheating and criminal intimidation u/s.415 and 503 of IPC. Maybe, on receipt of your legal notice, they may hide their all contact to avoid legal consequences. Further, it may be noted that Section 73 of the Indian Contract Act, 1872 makes provision for unliquidated damages (not stipulated in a contract), Section 74 deals with liquidated damages (stipulated in a contract) and no compensation is attracted for mere breach of contract u/s.73. 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party. Reach out to an Advocate for guidance and steps on receipt of any legal notice or court notice thereafter.
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Abhimanyu Shandilya

Responded 1 year ago

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A.Dear Client
You should block them and ignore all communications from them as it is clear that they are nothing but fraud committing scams to make money.
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Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,

Is online data entry jobs are fake?
it is totally scam people don't fall in to it they are not going to pay you anything they don't have proper company details or contact details you can not contact them for any issue after doing 5000rs work they will not pay..

Fake Data Entry Jobs To Beware Of
How does this fake data entry jobs racket operate?
Two companies, Oval Solution and Unitec Solution, get details of candidates from their online job websites profiles, such as Quikr. They offer the candidates to work from home opportunity. In Jasveer’s case, he was asked to write 120 pages by Unitec and type 10,000 captchas by Oval. Some employers even ask candidates to watch videos on YouTube. This work includes increasing video views. Jasveer was promised a remuneration of Rs 30,000 by Oval and Rs 25,200 by Unitec. Upon condition that he would complete his task within 12 days and with a 90% accuracy.
The scammers seem to be a full team of engineers, business developers and lawyers. They target people who have their resumes uploaded on job portals and are looking for work. They also lure people in by sending out mass messages. These messages often sound too good to be true. The content is usually to earn a big amount within a few days by working from home.
The scamming techniques
But the problem begins when firstly the task load seems difficult to complete within the allotted time period. Secondly, employers always take out maximum errors in the candidate’s work. Thus, making it extremely difficult to complete one’s task successfully. Which also happened in the case of Jasveer. Thirdly, the employers charge Rs 10,000 for utility and maintenance from the candidate. Though they promise to refund this amount in the succeeding month. Fourthly, the employers ask the candidate for their photo and digital signature. They then illegally use it on a contract of work between the employer and the candidate. Although, everything written on the contract was never communicated to the candidate in the first place. So candidates are left in the dark for what they are agreeing to.
For instance, in Jasveer’s case, the contract included that he would have to pay the utility charges monthly. It also said that if he was unable to complete his task within the given period, then he would be subjected to a penalty of Rs 10,000 by the employer for their loss. Inability to pay the penalty would result in a court case. Furthermore, withdrawing the court case would need a separate payment.
To scare the candidate further, they put a breach of contact on them under Section 73, 74 and 75 of the Indian Contract Act. The fake data entry jobs also call the candidates from pretending lawyers who ask them for money to withdraw their court case. The candidates would receive a no-objection certificate upon the payment. Then they will be free to go.
Later, the employers reveal that the contract was actually for 11 months. So the candidate either has to work for the full term or pay the utility charges for the full term. In short, they do not let the candidate escape and keep harassing him for more money, as was the case with Jasveer.
The loopholes in the ongoing fake data entry jobs scam
Upon consulting with Advocate Naman Mohnot on this situation, we got a clear idea of how the employers were trying to scam naive candidates. The two companies, Oval Solutions and Unitec Solutions, were harassing people with an Intent to Cheat. This means that the employer always wanted the candidate to fail and loot money from them maliciously. Thus, it could lead to a case of 420 on the employer. Intent to cheat was can verified due to the following reasons:
• The employer never asks the candidate for his ITR or bank records to check their paying capacity in the case of a penalty.
• An employer would never hire any candidate without interviewing them or any proof of their working capability. In Jasveer’s case, he was never interviewed. He was just given the job and promised a fixed amount.
• Online freelance websites never ask for money from candidates for incomplete tasks.
• A company is eligible to ask for a refund from the candidate only when they invest in his training. Plus the candidate needs to have a signed bond with the company. But claiming for compensation without any investment on the candidate is a fraud.
• A valid agreement or contract has to have the written signature of both parties. In Jasveer’s case, it was just an image of his signature. Additionally, two witnesses signatures are also compulsory on the agreement. This was lacking in Jasveer’s case too.
• There is also no notarization of the agreement or contract.
• It is also illegal to put multiple one-sided clauses in an agreement. Even if the other party signs the agreement, they are not held to fulfilling so many one-sided clauses.
• The employers also did not allow Jasveer additional days to check his work, even when his submission was before the due date. Thus the time duration given was invalid.
• There are also multiple and irrelevant calls from the company to scare candidates. There is no continuity in what they say either.
• The actual terms of the agreement are hidden on call before the candidate signs it, that too without his consent.
History of these fake data entry jobs companies
A quick Google search for Oval Solutions and Unitec Solutions leads one to the Consumer Complaints Forum. Here, multiple sources claim the scam they are facing from these fake data entry jobs. These fake data entry jobs firms are eligible to be sued under Sections 406 and 420 of the IPC. Filing an FIR against these companies is the ultimate answer.
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Anik

Responded 1 year ago

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A.Dear client,
You are actually the third person who has faced a similar kind of problem with some fraud company. Recruitment fraud is a growing trend involving false job listings and fraudulent communications purporting to be from companies with the intention of obtaining money or personal data from applicants. So block them as soon as possible. Don't pay them anything, they might assure you of repaying, but do not trust them. If you have all the details, file a cyber complaint.
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