Question:
We paid 490,000 Taka to a travel agency for overseas travel, but they defrauded us by providing fake visas and other documents. The agency is based in Dhaka, and the police response has been poor. Since we can’t go to Dhaka repeatedly, can we file a case in our local police station or in the High Court? How soon can we recover our money?
Answer:
In Bangladesh, if you have been defrauded by a travel agency, you have the right to take legal action. Here’s what you can do:
1. Filing a Case in the Local Police Station:
- Yes, you can file a case at your local police station. The police are obligated to accept the complaint, even if the agency is based in Dhaka, as fraud is a criminal offense that can be pursued from any jurisdiction.
- If the police station is reluctant to take action, you can file a formal complaint or general diary (GD) at the local police. If the police do not respond adequately, you can escalate the matter to higher authorities, such as the police superintendent or the higher courts.
2. Approach the High Court:
- If the situation is not resolved at the police station, you can file a writ petition in the High Court Division for a speedy resolution. However, this may be a lengthy and costly process.
- In some cases, the High Court can intervene in cases of fraud if the local authorities are not taking action or are delaying justice. But this process may take more time compared to filing a police report.
3. Recovery of Money:
- Recovering your money can take time, as criminal cases can take months or even years, depending on the complexity and the court’s workload.
- If the travel agency is found guilty of fraud, the court may order compensation or recovery of the money through the sale of assets owned by the agency. However, this will depend on the legal proceedings.
4. Evidence:
- Ensure that you retain all evidence related to the transaction, such as:
- Receipts and memos from the agency.
- The fake visa and documents provided.
- Bank transaction details or any other proof of payment.
- Any communication (emails, phone records, etc.) with the agency.
These will help strengthen your case.
Steps to Take:
- File a complaint at your local police station.
- Request a copy of the GD and keep a record of all interactions.
- If the police do not take action, escalate the matter to the local police authorities or the High Court for a quicker resolution.
- Consult a lawyer for legal assistance to recover the money and guide you through the legal process.