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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.

You really need an experienced lawyer beacuse your case is sensitive.

Yea you can definitely get remedy.. And even compensation. Mssge me if u still need help

Originally posted by : Sandeep Gondliya
	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.

 

Dear Sandeep Gondliya,

 

I am sad to here this story.

 

You can file consumer redressal case on the District Consumer Redressal Court where the office of that agent is situated against that agent for unfair trade practice by not giving you proper service (After promising and guarantee). You can do this Party-in-persion.

 

Even this type of cases can be suited against your Advocates if they don’t give you proper service (After promising and guarantee) after taking your money.

 

 

In THE CONSUMER PROTECTION (AMENDMENT) ACT, 2002 – the word “Goods” is replaced with “Goods & Services”

 

Please see Section 2 clause (r) sub-clause – (vii) for The Consumer Protection Act as follow -

(vii) gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof;

      Provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defence shall lie on the person raising such defence;

 

You also can tally this with Section 106 of Indian Evidence Act.

 

So the burden to prove that the agent gave you proper service (against your claim) lies on him since who knows better than him that his services are disputed???

 

You can claim litigation cost, cost of harassment and all recoveries with proper arrears.

 

This type of case will be disposed of 5-6 months if you file and please party-in-person.

 

Also you can sue criminal case u/s 420, 406 IPC against him in parallel.

 

Please see my profile for sample petitions and other clues.