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An agent cheated me and now he is not returning my money.
28-Jul-2023 (In Breach of Contract Law)
An agent promised me to provide job on a oil tanker and took 3 lakh rupees and sign contract also and told me your joining will be in 1 week.but after 7 month he is not receiving my call and not replying massages.can I file a case at my district court (Agent is from Mumbai).
you can file a case in the court in whose jurisdiction where the transaction took place aur a complaint in the police station in whose jurisdiction the transaction took place . kindly contact me with more information
Helpful?
Adv. Rohan Rathod
Pune | 25+ Answers
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This is a clear case of fraud. It may be possible that the agreement was a sham entirely.
You have two options. You can pick either one or both of them.
Option No. 1 - Civil Action
You can file an civil suit for specific performance of the contract making the agent compulsorily responsible for his misdeeds and compelling him by order of th court to provide you a job. This may however not be realistically feasible as it has effectively been 7 months since the cause of action arose. Also we do not know the whereabouts of the agent. You can also sue to recover your advance of 3 lakhs and also ask for compensatory damages for breach of contract on part of the agent.
BUT I CANNOT ADVICE ON THAT CONCLUSIVELY AS I DO NOT HAVE THE FULLEST IDEA ABOUT THE TERMS OF TEH CONTRACT.
But to be honest it looks like the agent NEVER intended to offer you a job. It looks like a scam. In that case the agreement between you and your client stands vitiated for want of free consent as there was fraud and misrepresentation on the agent's part. This leaves you with option 2 since there is a serious doubt as to whether a legally binding/enforceable contract exists.
Option No. 2 - Criminal case
Under thd IPC you can lodge a criminal case/FIR for cheating, criminal breach of trust, criminal misappropriation of property.
I suggest you go with option 2 and seek civil remedy only for recovery of the 3 lakh advance alonv with interest.
You have two options. You can pick either one or both of them.
Option No. 1 - Civil Action
You can file an civil suit for specific performance of the contract making the agent compulsorily responsible for his misdeeds and compelling him by order of th court to provide you a job. This may however not be realistically feasible as it has effectively been 7 months since the cause of action arose. Also we do not know the whereabouts of the agent. You can also sue to recover your advance of 3 lakhs and also ask for compensatory damages for breach of contract on part of the agent.
BUT I CANNOT ADVICE ON THAT CONCLUSIVELY AS I DO NOT HAVE THE FULLEST IDEA ABOUT THE TERMS OF TEH CONTRACT.
But to be honest it looks like the agent NEVER intended to offer you a job. It looks like a scam. In that case the agreement between you and your client stands vitiated for want of free consent as there was fraud and misrepresentation on the agent's part. This leaves you with option 2 since there is a serious doubt as to whether a legally binding/enforceable contract exists.
Option No. 2 - Criminal case
Under thd IPC you can lodge a criminal case/FIR for cheating, criminal breach of trust, criminal misappropriation of property.
I suggest you go with option 2 and seek civil remedy only for recovery of the 3 lakh advance alonv with interest.
Helpful?
Adv. Mrinalika Devarapalli
Mumbai | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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