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How to file Complaints against Job consultancy


11-May-2023 (In Cyber Crime Law)
I got cheated by a job career consultancy of Rs. 93,500 and they are not returning the amount. Now how to recover those money back.
Answers (4)

Answer #1
254 votes

Cheating has been made a punishable offence under section 420 of the Indian Penal Code. It states that whoever cheats another person and thereby dishonesty induces any person so deceived to deliver any property commits an offence under this section. The section punishes such a person with an imprisonment of a term which may extend to seven years and shall also be liable to fine.
 

How to file a complaint?

To file a complaint under section 420 of the Indian Penal Code you may approach the nearest police station that has authority over the area where the crime was committed. You can then ask them to register a First Information Report (FIR) against the accused and provide them with all the proofs regarding the case which are to be retained by you for later use. The proof would include any written conversation between you and the accused regarding the transaction, proof of transactions such as bank statements, call recordings of the accused accepting taking money from you, etc.

In case the police refuse to register your FIR, you can directly approach the Superintendent of Police or other higher rank officers such as Deputy Inspector General and Inspector General and they will either personally investigate your case or would direct a team to look into the matter.
 

What happens after an FIR has been registered?

Once your FIR is registered, the police will conduct an investigation based on the FIR, which may also include arrests of the accused. The offence under section 420 is a cognizable and non-bailable offence, which means that the police can make an arrest in such cases without a warrant. After the investigation is complete the police will record all the findings of their investigation and would make a charge sheet which will be submitted in the court. The charge sheet will state whether a case is made out against the accused and if substantial proof regarding the same has been found in the investigation or not.

You can also file a detailed criminal complaint against the accused stating all the facts of the case. It is recommended to have an experienced criminal lawyer with you during this step. He can guide you with the court procedure and can also draft and file the criminal complaint on your behalf.
 

How can a lawyer help you?

A case such as that of cheating is a complex issue to deal with in a country like India where there is a huge pile of criminal cases pending in the court of law. Criminal procedure in India involves various steps which would require you to deal with the police at numerous stages and would also involve going to court. This is why it is essential to have a criminal lawyer to help you through the procedure and to guide you with the best possible way to resolve the criminal issue. An experienced lawyer who is an expert in handling criminal cases can help you draft an effective complaint which can hold your case in the court on solid grounds and can also represent you in the court to ensure the best possible outcome for your case.
 

What happens if the issue is not resolved timely?

A criminal case in India is time-bound under the Limitation Act. In case the criminal complaint is not filed within a reasonable time after the occurrence of the offence, the court may not entertain your complaint and you may not even get a chance to ask for justice. Thus, it is of utmost importance that timely action is taken to resolve the criminal issue and therefore, it is advisable to take the help of a good criminal lawyer to help you through your criminal case.

Answer #2
867 votes
Hi, I believe the consultancy would have cheated many like you. You need to approach cyber crime police with evidences that you. I mean evidences are like., emails,phone conversations,social media communication, any agreement ... etc., . You can file criminal complaint against job consultancy.
Answer #3
705 votes
Dear friend ,
The issue cannot be shorted out the way u asking for , but it can be in some other way, therefore have to understand all the legal aspect and then choose what you feel best for you . Therefore do contact at our office for better legal help : Adv Pankaj Kumar & associate...
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Answer #4
179 votes
Filing a complaint against a job consultancy or recruitment agency is a necessary step if you have encountered fraudulent activities or unethical practices. Here's how to file a complaint against such entities:
  1. Gather Evidence: Before filing a complaint, collect all relevant evidence of wrongdoing. This may include emails, messages, contracts, payment receipts, or any other documents that support your case. The more substantial the evidence, the stronger your complaint will be.
  2. Contact the Consultancy: Try to resolve the issue directly with the job consultancy or recruitment agency by communicating your concerns and grievances. In some cases, they may be willing to address your complaints and rectify the situation.
  3. Register a Formal Complaint: If your attempts to resolve the issue directly with the consultancy are unsuccessful, you can proceed to file a formal complaint. Here are the steps:
    a. Consumer Forum: If the consultancy's actions have resulted in financial losses or harm, you can file a complaint with the local consumer forum or consumer court. Provide all the evidence you have collected to support your case.
    b. Local Police: In cases of fraud or criminal activities by the consultancy, you can file a complaint with your local police station. Share all relevant information and evidence with law enforcement.
    c. Online Complaint Portals: Many states in India have online portals for filing complaints. Check if your state has such a portal, and submit your complaint there.
  4. Report to Regulatory Bodies: Some job consultancies and recruitment agencies are regulated by government bodies or industry associations. You can report misconduct to these organizations. Legal Action: If all else fails, consult with a lawyer to explore legal options, including filing a civil lawsuit against the consultancy for damages.
  5. File a Complaint with Cyber Cell: If the consultancy is involved in cybercrime or data breaches, you can file a complaint with the cybercrime cell of your local police.
  6. Online Complaint Portals: Many government websites have online complaint portals where you can submit your grievances related to job consultancies and recruitment agencies. Check the website of your state's consumer affairs department or labor department for such options.
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