Cheated by company offering holiday club membership
A private limited company offered me a holiday club membership for one year and promised six nights stay at various destination in 4/5 star hotels in India at the cost of RS 15000/- which was paid by me through credit card. These holiday could be taken at any destination from the list given along with the agreement. However the company did not book any room in spite of several requests. The had also taken booking charges @499/- per night for three nights after confirming the booking. However they did not book any rooms. They have clearly cheated me. They are not taking my calls. I went to the office of the company as given to me, but found a locked office of some other company. Going to consumer court may not help as company is not traceable. It is confirmed that company is registered private limited company Can I take criminal action against company for cheating and fraud? If yes what is the procedure?
You do one timg trace all record of the company from ROC website and by taking details of directors filed consumer she as you having agreement with them.
Also you can filed private complaint under Cr.P.C. before Judicial Magistrate for vomited cheating with you so that you can get relief very quickly.
You can go to Consumer Court. You can get the details from the website of Ministry of Corporate Affairs. You can as well file a criminal case.
You can file FIR or complaint application in magistrate court for issuing search warrant
Your first legal recourse should be to file a complaints at the appropriate consumer forum. But if you do not want to take that legal course then you can file a criminal complaint under Sections 406, 420/34 and 120B if there are more than two people if you have an address where the legal notice can be served. The difficulty and hitch of tracing the company would be taken care by the court and police. Also you can file a suit under Sections 43, 65, 66, 66A, C and D of the Information Technology Act along with Sections 419 of the Indian Penal Code.
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