Liability of the agent for giving claim if company is froud
Mayank Kumar Advocate
(Querist) 11 January 2014
This query is : Resolved
liability of the agent for giving claim if company is fraud in consumer and 138 NI act and civil matter pls explain ?
ajay sethi
(Expert) 11 January 2014
stae facts of your case
Rajeev Kumar
(Expert) 11 January 2014
It seems academic query.
Mayank Kumar Advocate
(Querist) 11 January 2014
1.In this case Agent gave false representation to complainant about fake company for invest 3 lack rupees so my client invest 3 lack rupees and company gave to my client as surety advance cheque to my client in 1998
2. After 1 years when policy matured they went to company address but there was nothing above said company my client contact to agent. She (agent) replied I am not responsible for it.
3 so we filed case against company and agent in DISTRICT consumer court of Delhi result was there company was untraceable and agent refused i am not agent of above said company my client had no any proof that she is agent of that company. Case was decided in favor of agent lack of proof that she is agent of that company she is not liable for give money to complainant.
5. My client appeal in state Commission of consumer court Delhi with con donation delay of 60 days. Judgment was given also to there district court has given right decision it cannot be challenged with same ground.
6 same results were in national commission of consumer Delhi .
7. My client filed 138 Ni act in MM. District court of Delhi against company and agent same ground agent took to same ground to there case was decided in favor agent & company was untraceable.
8. My client filed suit for recover Civil court against company and agent. same result here also. Agent said i am not agent of this company. So I am not liable for claim case decided in favor of agent.
9. My client filed criminal case fir u/s 420 i.p.c IN 2000 against company and agent criminal case pending in mm District court in Delhi.
FINALLY NOW MY CLIENT HAS GOT ONE PROOF SHE IS AN AGENT OF THAT COMPANY. AGENT ALSO FILED A CASE AGAINST ABOVE SAID COMPANY IN 2003 DISTRICT COURT IN THIS CASE. SHE IS ADMITTING I AM AGENT OF ABOVE SAID COMPANY CERTIFIED OF THAT CASE WILL BE GIVEN ON 13 JAN.2014
SO IN THIS ENCUMBRANCES TO WHAT EXTEND AGENT IS LIABLE FOR GIVING CLAIM IF COMPANY IS FRAUD ???????????????????
Sudhir Kumar, Advocate
(Expert) 11 January 2014
it appears that agent is not able to prove that the company ever existed? Please confirm if it is true.
Mayank Kumar Advocate
(Querist) 11 January 2014
but agent is liable to give fake representation about that company as per contract act
Raj Kumar Makkad
(Expert) 11 January 2014
The agent is liable to be prosecuted under section 30 of Criminal Procedure Code before every Court wherein he took specific ground that he is not agent of the company. The criminal case might have been filed only against that agent but anyway, it shall be now decided against him so your client can definitely mount a pressure over him by filing prejury cases against him.
Sudhir Kumar, Advocate
(Expert) 12 January 2014
it appears that agent is not able to prove that the company ever existed? Please confirm if it is true.
