File suit for damages and compensation
T.R. Ganesan
(Querist) 11 October 2014
This query is : Resolved
In view of deficiency of service by a consultant loss and damages has been sustained besides suffered lot of mental tension and torture, had to spend sleepless nights and sustained loss of stamina to the boy and his parents who were called to Mumbai on number of occasions under the guise and pretext of getting admission to MBBS for the academic year 2014-15 and taken huge amount for the purpose of paying to Medical College in fact the amount is not paid and the same is with the consultant himself. Kindly answer what type of actions can be taken against him.
Somnath Iyer
Dr J C Vashista
(Expert) 11 October 2014
WWhether the consultant was authorised by the Medical College to provide service on their behalf?
Did the consultant issue receipt for money paid?
If so, file consumer complaint against the consultant
T.R. Ganesan
(Querist) 11 October 2014
Dr. J. C. Vashistaji,
Thanks for your immedeiate response. Yes the amount was paid to the consultant by RTGS cheques in the name of his private firm incorporated under the provisions of Companies Act, and the amount appropriated by him.
Ganesan
Sunil S Nair
(Expert) 11 October 2014
Then as advised by the Honorable expert Dr. Vashista seek help of a local lawyer with all the relevant proofs in hand and file complaint without delaying any further
ajay sethi
(Expert) 11 October 2014
file police complaint of cheating and criminal breach of trust against the consultant . also suit for recovery of money
malipeddi jaggarao
(Expert) 11 October 2014
You can not take any action against the consultant though you have paid the money through RTGS to his company account. Getting admission in MBBS by paying bribe does not cover the consultancy. When they have formed a company there will be articles of association in which they mention the activities to be undertaken by the company. Normally such companies officially provide services to support the paper work and giving guidance. Even if you want to take legal action, they will certainly prove that they have provided the services to you. You can not go to court and say you have paid money to seek admission in MBBS by paying bribe or consideration. They know this weakness.
However, you can negotiate with the person who promised the admission to return the money after deducting reasonable expenses, by leashing threats that you would go for legal action etc.
Rajendra K Goyal
(Expert) 11 October 2014
File FIR against the company and its chief executives.
T.R. Ganesan
(Querist) 11 October 2014
Mr. Malipeddi Jaggaraoji,
Thanks for your immediate answer involving material facts for consideration before filing the complaint or suit.
Thankin g you once again.
P. Venu
(Expert) 11 October 2014
Just as an advocate can only assure that he will offer best professional service, but no assurance as to the court's verdict so also the consultant in this case can assure his best professional service but no assured admission to the course in medicine.
T.R. Ganesan
(Querist) 11 October 2014
Mr. P. Venu,
May I request you to read all the earlier threads. Your answer is out of context. I am not seeking any assurances of professional services of the consultant or
advocate.
Guest
(Expert) 11 October 2014
Dear Author, The Consultant Had literally Cheated you and he is fit for Criminal Proceedings.Comparing this Act of Cheat to the Service of an Advocate is certainly a Disgrace to the Advocates. Hope the Concerned Person doesn't modifies his Reply as he had done earlier.
T.R. Ganesan
(Querist) 11 October 2014
Narasimhaji, thank you and you have correctly understood the gravity of the situation.
T. Kalaiselvan, Advocate
(Expert) 16 October 2014
This is a clear case of cheating though though company may take stand in a different form or guise. A criminal complaint before the police or criminal court can provide you relief and solution,better do not waste any more time and get into action at the earliest.
