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Raghavender (Software Consultant)     03 April 2016

Can i file a consumer case against international agency

An International agency registered in Singapore,  have attracted between 200-250 aspirants during 2014-2015,by conducting seminars in Delhi, Bangalore, Chandigarh, Hyderabad and other cities offering immigration services with tall assurances and unkept promises but did nothing.They have swindled an amount between $6000 to $14000 USD from each subscribing participant totalling to a huge amount of at least $2 million USD. The entire membership is a frustrated lot who were kept apart from coming together under the garb of information security and prevented them from vouching their service. They have abruptly vacated their rented offices in India and have gone silent.They have limited their interaction with membership to customary monthly update over internet.Their Indian counterpart, Global Chief Information Officer is not replying emails and is not answering calls on his mobile phone. Can I file a consumer case against the firm while persons responsible are residing in Singapore/USA/Canada while their Indian counterparts went into hiding ?



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 18 Replies


(Guest)

I doubt this is not Consumer case nor Civil . It seems like it is Criminal Case . So you need to think from Criminal angle to this case. 

Additionally they are out of Indian Jurdisction be practical , Such case work with only companies who are registered in India and have substantial assets in India. Those who are neither register in India nor have any asset nothing can be achieved.

Maximum If Police dept. get hold of them then you can try to recover if they have some assets or funds in India by moving some civil suit etc. Else forget it 

You will require assitance of Economic Offense wing , Cyber crime and local police station . This are all departments under Police. So you need to approach higher authorities in EOW etc. Economic offense wing takes cases of fraud after specific limit, take for eg. in mumbai it was 50 Lakhs , now they are /have increased to 5 crore. 

So such specalized unit under Police Dept. you approach they only can help you. Forget Consumer case , You will waste time with consumer court because this seems to be criminal matter 

 


(Guest)

Move with EOW or Police Dept. in secrecy. Don't tell others the criminal too may be watching you with their spy or some stupid person may accidently leak information. Move quietely and discuss issue with EOW 


(Guest)

I just remebered this is called Immigration fraud cases .  They have unit under EOW or some dept within Police Dept. now exactly don't remeber but go to EOW they may guide you , But try to catch them first with help of EOW. Since still they are in touch with you , slight chance are that you may get hold of them , After some time they may disappear completely from radar. 

1 Like

Raghavender (Software Consultant)     03 April 2016

Thank you Mr. Madhu for your reply and guidance. I appreciate your time.

advocate nitin kumar (lawyer)     03 April 2016

Conumer courts have their jurisdiction all over India. Even if a company is reistered abroad and it came to India and had an agreement with the resident of India then that company has rendered itself to fall in the consumer court jurisdiction.

Now the next part is of the subject matter, if there was a promise of prividing any service or the comapny was bound to provide any service to the other party and the company has failed to provide the said service or there is any deficiency of service then you as a consumer are free to move to consumer court.

The company had office in India and that makes it legit for consumer court action.

Lastly, if you live in Delhi NCR then you can contact me for the redressal of your greviance through consumer court as I am handling such few cases where the comapny head office is situated out of India and they have closed their operations in India.

hope that helped.

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     03 April 2016

Mr.Madhu has given exhaustive reply giving all options and I too agree with his view.  Better, initiate criminal proceedings.

Kumar Doab (FIN)     03 April 2016

I agree with Mr.Madhu and Mr.Nitin Kumar.

You may also approach Ministry of Overseas Affairs who in turn thru Singapore counterparts can restrain the establishment before they just disappear.

advocate nitin kumar (lawyer)     03 April 2016

Thank you Mr. Kumar Doab, 
frankly speaking in such cases it is always better to apporoach the consumer courts as the procedural headaches are less and you do not have to pay any court fee as well.

secondly a police complaint is bound to be failed as the investigation officer (I.O) hands will be tied up as there is no one to enquire, detain or investigate in India and they can not go abroad as they are from state police department not the CBI.

thirdly criminal courts can also prosecutes these companies under criminal breach of trust but then again they can issue their arrest order and then they will be out on bail the same day.

so consumer court is the slow poison to kill them and the truth is they can not run away from their promise of providing the service or else return the money taken by decieving the consumer along with fine, litigation charges and compensation for pain suffered and mental agony.

all in all that is the justice most of the victim of such act wants not the arrest by police or trial by metropolitan magistrate.


 

Kumar Doab (FIN)     03 April 2016

Mr. Nitin Kumar,

You are right.

The Consumer fora's have been vested with more powers day by day and thus more and sharp teeth to bite.

Contempt of Court and Power to order forensic examination are some of these.

 

The consumer fora awarded Intermim order on first hearing and I have initiated contmept of court procedings against a major bank wordwide operating in India and the bank and bankers are now hiring the fancy and expensive lawyers/law firms and are unlikely to be saved and may have to serve a term in civil prison.

 

The querist may certainly consult an able counsel specializing in consumer matters.

He may certainly get results.

 

Raghavender (Software Consultant)     03 April 2016

Thankyou Gentlemen. I guess I cannot but need your advice. Can I file a Police Complaint and also  a Case in Consumer Forum simultaneously or vice versa?


(Guest)

Theory and Practical are two different things in such situation

Theory --- Yes you can file both

Practical --- My experience of handling such case indicate that when investigation reach next stage , you first notice all names are fake . All address are fake, All organization are fake, Even if registered organization some where then also they are in complete default list of Registrar. If you start checking their address from registrar that too are fake . And you end up in situation where they simply have disappeared .

If you go by civil case /consumer court maximum you get Ex - Partee order what is future from where Decree will be executed because they are invisible . From Money to recover No assets , no man in front of you. Rather situation is that question which comes in front of person whether that person name was real person.

After some time if they are criminals if you get of people who presented you all things , you may come to conclusion even if you get they too are employee who don't know who are their boss. Only one or two may know the boss and that boss must be sitting with you people , who himself may be paying money to get job.

This is all my experience of such criminals . If indeed they are criminals and cheaters. 

Further they don't have any permission of any authorities in India. If they produce some certificate that too like Shop keeper license , some Registered company with fake address.  Eventually Directors of company turns out to be sweeper if ever found.

So such people better handle them with guidance of EOW (Police) 

Consumer court /civil case is for those people who are not criminal and can be found or geniune , where there is indeed consumer dispute in service or civil dispute due to tort . 

Proffessional criminal when get such notice , just laugh out because they too have team of advocate ready to guide them , They are expert in Cr. P.C. and all matter because it is never their first crime . 

So in my conflicting opinion with others ----- I would suggest move with EOW and try to get hold of those criminal and find whether they are real criminal or not. Chances are that if you reach them you will find already 2 dozenes of different fraud cases are with them . 

1 Like

Raghavender (Software Consultant)     04 April 2016

Mr. Madhu,

Excellent & elaborate analysis. Thank you, Sir !  These criminals are well established abroad and also have presence over internet (LinkedIn, Websites etc). They have tossed invaluable careers, crushed family lives and bled victims future generations too.I am deeply hurt. White man, even in this century... crossed Indian borders and looted jobless, career oriented Indian youth of their hard earned money nearly amounting to their life time savings in most of the cases... and our law cannot effectively brand these people as criminals, leave alone salvaging the money that people have loaned from banks or drawn on their credit cards. If this is not rape of our Motherland what else is it? Can an Indian with such antecedents or plans even land in their countries ? That is why India is called a soft state.


(Guest)

Legal Option for Criminal procedure. 

Approach EOW (for guidance)

Else under Cr.P.C. 190 (But for this you need to appoint private Advocate and expenses will be more) But again will you ever get hold of them ?????????????? 

So better listen to EOW only whatever they say. Do revert back (Oridinary Police Officer for them this case is out of their understanding , Specalized unit people know very well such kind  of crime) 


(Guest)

It seems they have reached multiple state , multipe city , So detecting such criminal  will require inter-state co-ordination. 

The valution must be high for this crime ,Must be you are talking about crime more than 5-to 10 crore.

They may be educated criminal , They may have used various modern communication etc.

So to detect them is that specalized unit have to think which other new city they have reached and doing crime. May be New state which you had not imagined or they never visited. 

They may be sending Email via proxy server too. still try with cyber crime.

To get them this is not cup of tea of ordinary Police Officers , It requires specalized unit help which may be under state headquaters of Police Dept. For Interstate crime . 

You need to do research whom to reach for better guidance

 

 


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