Ashwani Malviya
Asked January 30, 2017

Fraud by Job Consultancy Firm

  • 1 Answer
  • 582 Views

Dear sir I want to know that what should we do if a marine job consultancy has cheated us. In December 2016 my brother appeared in an interview conducted by a marine job consultancy in Mumbai. They promised to give 1 month training and then place in a Canada based shipping company whose name was not told by them. They promised to provide training in Cochin but they didn't tell institution name also. The lady who took my brother's Interview told him that if he will be proven fit in medical then he should submit a training fee 30000 rupees and after 1 week when batch will form they will be send Cochin for training. He appeared in medical got fitness clearance and paid the fee. Now they have postponed training schedule several times and now they told him wait till 15 February batch is not complete, our selection process become slow due to Christmas and new year holidays. It seems that they have started making fool now. If that will happen then what step should I take. They have provided receipt of fee aslo. Please suggest me.

Answer 1

In case you feel like you have been cheated into making the payment, then you can file a criminal case against the firm for cheating under Section 417 IPC.

 

Section 417 , IPC requires fulfilment of these conditions-

1. Transfer of money or property

2. Such transfer must be based on deceit or forgery

3. As a result of such transfer you have faced monetary/property losses.

In this case, you have transferred money, based on a false promise of a response from their end, which has led to loss of money from your side.

 

You can also file a case against them in the court of law for fraud under Contract Act (S. 17(3) of the Indian Contract Act, 1872). You have entered into a contract with them and the Rs. 30000 which you have already paid will serve as your consideration. once you have paid the money, you have complied with your part of the contract and they are compelled to do their part.  You can sue them under S. 23 of the Indian Contract Act, 1872 citing the reason that the object of the contract is to make money by fraudulently deceiving the party and therefore, it is against public policy.

Agree Comment 0 Agrees almost 4 years ago

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