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Tirupathi Naidu
in Criminal Law
Asked July 04, 2017

Job consultancy company not returning money

  • 1 Answer
  • 261 Views

Sir, one consultancy cheated me by offer a job by taking money, I paid 1.8 lakh, after they didn't show any job and not returning my money also. When I asked for money he said I don't have money to give whatever you do I won't give your money. How can I recover my money please help me.

Answer 1

 

 

 

Dear sir/madam,

 

What we would suggest in such a situation is that first send the consultancy a “Legal Notice” informing them about the situation you are put to by the conultancy and that if such a situation persists then you would be forced to take a legal action against them by way of reporting them to the police and also filing a criminal case against them by directing approaching the magistrate court. After informing them legally, you can intiate a criminal proceeding against them under the charges of :

Section 120B of Indian Penal Code (IPC) -  for criminal conspiracy

Section 419 of IPC – for cheating by personation

Section 420 of IPC – for Cheating and dishonestly inducing delivery of property

Section 405 of The Indian Penal Code 1860 which deals with Criminal breach of trust.

As part of civil remedy, you have the option of filing a civil suit for the recovery of money under the Code of Civil Procedure 1908.

At the time of paying money, you might have entered into an agreement by signing it. Do refer to the terms and consitions mentioned in the agreement once again and see if there is any flaw in it. If there is, then the aid of Section 73 in The Indian Contract Act, 1872 which talks about providing Compensation for loss or damage caused by breach of contract, will be available to you in the form of a civil suit.

Since the consultancy is involved in arranging jobs for their candidates which form a part of “Services” as a part of Consumer Protection Act. You can yourself (wihtout the aid of an advocate) file a consumer complaint before the District forum for Deficiency in Services as defined in Section 2(g)[1] + Section 12 of the Consumer Protection Act 1986 which explains the Manner in which complaint shall be made.

 

 

 

[1] "deficiency" means any fault, imperfection, shortcoming or inade­quacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service;

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