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Fraud

(Querist) 05 April 2015 This query is : Resolved 
Dear Sir,
I got cheated by a visa consultant in delhi.I applied for EB2 visa through one consultant paying 2.2 Lakhs,they have head office in USA and office in delhi. In agreement they mention they assist for job & visa it they could not succeed then they will refund money,and all matter related to any issue handle in US
But they did not sent any visa application in US embassy and did not given any application no to us.Latter when we ask for refund they told because of bad condition that company has sold to other company and the new company denying to return any money.They did this with many people and the person who collected money for visa also partner in new company and the new company has head office in UK and branch office in Delhi.
We complaint to police but even after 1 year they did not register FIR, as police saying on questioning they replied that "whatever happened in US office we dont know".
Kindly advice us what should we do to get back our money.
Some saying take legal action in combined as same thing happened with all.
How should we go for legal action.?

Thanks & Regards,
Dheeraj Saxena
Delhi
Advocate M.Bhadra (Expert) 05 April 2015
You should file an application u/sec,156(3) Cr.P.C. charge with sec.420,406 and 427 IPC in Judicial Magistrate Court against the said consultant at Delhi,for direction to the Police to treat your complaint as an FIR.

You can also file a case in District Consumer Forum against the said consultant at Delhi for deficiency of service, mental agony and unfair trade practice.
Devajyoti Barman (Expert) 05 April 2015
Yes, you can file both criminal case of cheating as well case on consumer forum to refund of the money already paid.
Sudhir Kumar, Advocate (Expert) 05 April 2015
well advised.

But beware if you have hired their services for getting an illegal benefit or a legal benefit in illegal manner then you are also not safe when the copes put carbon paper on the stationary above their clip board.
Rajendra K Goyal (Expert) 05 April 2015
Well advised, agree with the experts.


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