Vikrant Housalmal
Asked September 19, 2016

REQUIREMENT FRAUD

  • 1 Answer
  • 1132 Views

Respected sir My name is vikrant am 23 i apply on Quikr for job and i get massage from quikr for job requirement and address yuva link thane (w) when i go to the address they take my interview and say that you are 90% pass on my view we have vacancy for back office in thane they said you will get 13000 payment But you have to pay me 1000 before joining They said you can also give me 100 and pay balance when you selected The second 14th September day they call me that you are selected so come and submit your documents and balance i pay them 900 again and give my documents After paying money they said come tomorrow to take your offer latter and the next day they said me before giving the letter that Your 1000 rs are not refundable and give me the reference later and said that you have to go in kandivli (e) in uss learning institute and they give you training and you have to pay them 500 and end of the day they will give you appointment letter I ask him when i going to be join i pay you money and i still don't no in what company you are going to haired me but he don't tell me anything He said they will tell you everything and you can join from Monday So i go there in kandivali on Sunday 10 pm in nirmaladevi collage and i fined more people there who came for job they take money first and send us all in room and start giveing training and in training they talking all nonsense thing how to give interview how many company in Mumbai how commercial market work but they don't tell anything about company detail and company name and the end of the day they said we are going to give you conformation letter and they send on by one parson in another room and they take our payment slip and and said we will call you tomorrow and they don't give appointment letter to anyone and they make fielding of there boys to make sure no one talk with anyone so they will be safe thats why we cant interact with other parsons who came there for job I think these is all fraud they are just pretending that they are going to give job in there company but the true is the company doesn't exist its all scam please give me advice how can i take action on them and how can i get my money back I want to stop these fraud job consultancy who are making fraud with everyone i want to save the other parson who are going to be victim of these requirement fraud

Answer 1

Sir,

 

As per the facts of the case, it is clear that you have not got the job yet nor do you know about the whereabouts of the company which is supposed to employ you. Before making any accusations against the company, one thing needs to be considered for this case. That thing is the amount of delay which you faced. I understand that they have not abided by their terms of getting you your job more than once. But the time period is also important. Although there is no such time limit prescribed for you suing them, it is essential to give them reasonable time to get you the job.

The reasonable time is difficult to prescribe, but it is at your liberty. If you feel that sufficient time have been given to them in order to fulfil their promise, then you can move to the court.

As you have clearly expressed your concern, you can file a case against them in the court of law for fraud (S. 17(3) of the Indian Contract Act, 1872). You should remember that you have entered into a contract with them and the Rs. 1000 which you have already paid will serve as your consideration. The receipt which you have received in return for your payment validates this. It is not like those online transactions where you buy goods on cash on delivery option, and that it is fine that they do not deliver the product because they have not received the consideration.

In this case, once you have paid the money, you have complied with your part of the contract and they are compelled to do their part. Also Quickr can argue that they have done their part by sending you to that training institute and you take up the matter with them. Quickr is acting as the agent here and not the other way round, so they cannot delegate the matter. Their term was to get you a job and not send you to other places. You can also bring the charge 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.

Hope this serves your purpose!

Agree Comment 0 Agrees about 4 years ago

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