job consultancy cheated
6 months back I paid money to a job consultancy, they said "if within 45 working days we do not get you any job, then we will refund your money" and they gave paper statement with stamp but its been around 6 months and still they were not giving our money, and finally they have given cheque ..when we droped that cheque in bank, mean while they cancelled the cheq ....can I proceed legally with that cheq and paper statement?
Sir, the crime you have suffered is on the rise wherein companies deceitfully lure prospective customers into paying money. You can take a multi-faceted legal approach in dealing with your case.
Firstly, if you want to take a criminal approach then you may register an FIR with your local Police station under Section 420 of the Indian Penal Code. This section talks about cheating and will invite penalties for the company in your case as they have deceitfully made you enter into a contract and wrongfully have deprived you of a right given to you by them in writing. If the Police do not file an FIR you can directly approach a Sessions Judge and lodge a private complaint. The judge will then look into the matter and order investigation by the police authorities. You will just have to provide evidence to build your case such as the contract and stamp paper the company has provided you.
Secondly if you want to want to opt for civil proceedings you again have two options. First, the stamp paper and writing is the offer and the money you have paid is the consideration for their services, hence this agreement amounts to a contract. As they have failed to comply with the contract (and if you still want to avail their services) you file a civil suit for the performance of contract under the Specific Performance Act. If you succeed the company will have to either get you a job or they will be immediately ordered to pay the money back with additional costs for the legal charges and mental agony faced by you.
Secondly you may also proceed under section 138 of the negotiable Instruments acts which talk about cancellation of cheques. Though cheques can be cancelled under some circumstances companies like the one you hired have started to cancel cheques deliberately to escape liability. Though the Act is silent about this manoeuvre by companies, various courts have given judgements and guidelines on when cheques can be cancelled. One such precedent is Abdul Samod v. Satya Narayan Mahavir. You can must analyse if the circumstances of cancellation match such judgment and hence proceed. To succeed you will require strong legal help which can be availed through the following link.
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