Cheating by agent in getting admission
RAJESH CHOPRA
(Querist) 14 October 2012
This query is : Resolved
Dear Sir,
I had given 3 lacs in cash as advance to an agent for admission of my ward in a pvt medical college under management quota . subsequently another 2 lacs was paid to him .He was not able to get admission. He now promises to return the money. Though I do not have any documentary evidence against him but some of his conversation I had recorded while speaking to him over telephone wherein he had clearly acknowledged receipt of money. I also have his sms where he is accepting to return money.
For the last 2 lacs given to him I had also secretly filmed him while giving him money and the same was also given in front of 2 witnesses.
Please advise how can I proceed against him legally. Can I file a police case against him with the kind of evidence I have. But I dont want that police should harras me.
Please advise me how to proceed.
Kiran Kumar
(Expert) 14 October 2012
give a complaint to the Economic Offences Wing of the local police.
in case there is no such wing then give a written complaint to the Commissioner/ SP/ SSP
Ms.Nirmala P.Rao
(Expert) 15 October 2012
Dear Client,
You first register an FIR with them. In case they fail to act you can file criminal complaint of cheatting in a 'a /District Court of Criminal Jurisdiction and prove your case by producing all the evidence you've including the SMSes as they are also recognized as evidence under the latest laws..Inn case the Police refuse to register an FIR you can file a c?criminal Writ of Mandamus in High Court seeking a direction to the police to register your FIR and issue a copy top you. They will thoroughly investigate and file a charge sheet against the accused agent who cheated you. You can seek the relief of compensation along with your principal and penal interest.
Ms.Nirmala P.Rao
Legal expert
Sudhir Kumar, Advocate
(Expert) 15 October 2012
But first be clear. Whether he was a legal nominated agent or simply a bribe tout.
If it was a bribe money then you may be aware of the implication on you.
You say that police should not harass you why should they not if you are not able to establish legality of deal, evne if you have audio video recording.
If the deal is illegal then whey Income Tax deptt should also not step in.
