Fraud and harassment
Sandeep Gondliya
(Querist) 12 April 2016
This query is : Resolved
I was working in IT company. One agent told me I can get job in Malaysia. I don't know the actual process to apply there so I hand over my documents to him for processing DP10 visa in Malaysia. He is asking fees 3.5 lakh which I pay him in advance before fly. But he cheat me, he give me plantation calling visa instead of DP10 visa and the company he send my documents hiject my passport for 5 months they make me illegal there never pay my salary and even give me physical touch n take my ATM card. They withdraw around 100000rs (6500rm Malaysian currency) they told me all this they do cause my agent give than instructions. When I know that the visa is low category I ask to refund of money that's y he do all this in Malaysia. Now I take out pass from high commission of India. Cause of that they baan me in Malaysia for 5 years. He sopil my career and take all my money. Now he is refuse to give back. What should I do I have all conversation on call recorder and WhatsApp chat. Can I file case against him and what is chance of get justice.
Devajyoti Barman
(Expert) 12 April 2016
You can file case of cheating against the agent. The agent has surely defrauded you for which you can initiate criminal prosecution.
Sudhir Kumar, Advocate
(Expert) 13 April 2016
Your query is not clear in case you have given mney for getting some illegal job done then you have no claim to recover the same.
P. Venu
(Expert) 13 April 2016
You can as well file a civil suit for damages in respect of the cause of action that has arisen in our country.
A. A. JOSE
(Expert) 13 April 2016
You can initiate criminal proceedings which may be faster.
Rajendra K Goyal
(Expert) 13 April 2016
You should file criminal complaint against the agent.
Sudhir Kumar, Advocate
(Expert) 13 April 2016
you do not be having any proof that the contract was entered with the agent.(correct me if I am wrong)
you may not be having any argument whether the contract was for lawful object.(correct me if I am wrong)
you have not stated clearly but the so called agent appears to be a tout (bribe conduit) and may not be carrying any registration from Labour Ministry.(correct me if I am wrong)
In any case you may not be having any proof that he caused deduction of your salary. (correct me if I am wrong)
In case the contract with agent was lawful then he can perhaps sue you for the balance payment.
As far as decuction of salary is concerned, that has been done by :-
(i) Foreign employer
(ii) In foreign soil.
You did noty state where you signed agreement with employer and probably you may have signed no agreement with employer on Indian soil. you do not be having any proof that the contract was entered with the agent.(correct me if I am wrong)
you may not be having any argument whether the contract was for lawful object.(correct me if I am wrong)
you have not stated clearly but the so called agent appears to be a tout (bribe conduit) and may not be carrying any registration from Labour Ministry.(correct me if I am wrong)
In any case you may not be having any proof that he caused deduction of your salary. (correct me if I am wrong)
you do not be having any proof that the contract was entered with the agent.(correct me if I am wrong)
you may not be having any argument whether the contract was for lawful object.(correct me if I am wrong)
you have not stated clearly but the so called agent appears to be a tout (bribe conduit) and may not be carrying any registration from Labour Ministry.(correct me if I am wrong)
In any case you may not be having any proof that he caused deduction of your salary. (correct me if I am wrong)
If such type of deduction is unlawful as per Malaysian Law then hire lawyer in Malaysia and file civil suit on the company in Malaysia.
Or else
Sit home unless having strength to fight against Mafia.
