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+====== Fake Immigration Consultancy Scam — Verify, Recover, Report (2026) ======
+{{ :social:auto:fake-immigration-consultancy-scam-india.png?direct&1200 |Fake Immigration Consultancy Scam — Verify, Recover, Report (2026) — RTI Wiki}}
+<WRAP center round info 95%>
+**Quick Reply:** Verify genuine Canada UK Australia immigration consultants on CICC OISC MARA registers, then recover money lost to fake visa agents via consumer court in 2026.
+</WRAP>
+{{htmlmetatags>metatag-description=(Verify genuine Canada UK Australia immigration consultants on CICC OISC MARA registers, then recover money lost to fake visa agents via consumer court in 2026.) metatag-keywords=(fake immigration consultant India, Canada visa scam, ICCRC verification, MARA agent check, OISC UK, Australia visa fraud, IRCC regulated consultant, consumer court immigration refund, eMigrate Emigration Act)}}
+A Punjab family pays ₹12 lakh to a glossy "Canada PR" consultancy that promises a 9-month Express Entry timeline and a "100% guarantee." Eighteen months later, the file has not been touched, the consultant has stopped replying, and the family discovers the firm is not on Canada's **CICC (College of Immigration and Citizenship Consultants)** register at all — only a sub-let office with stock photos of the CN Tower. Fake immigration consultancies are among the most-reported consumer frauds in Indian tier-2 and tier-3 cities, with the UAE, the Gulf, the UK, Canada, Australia, Germany, and the US as the most-spoofed destinations. **A consultancy can never guarantee a visa or a job — only the destination country's embassy, immigration authority, or employer can.** This page explains how to spot a regulated consultant, what to do in the first 14 days after detection, and the consumer-court / RBI / regulator route to claw the money back.
+===== Direct answer (featured snippet) =====
+To verify an Indian immigration consultancy is genuine: (1) ask for the destination country's **regulator licence number** — Canada uses **CICC** (formerly ICCRC) for RCIC consultants ([[https://college-ic.ca/|college-ic.ca]]); the UK uses **OISC** ([[https://www.gov.uk/find-an-immigration-adviser|gov.uk OISC search]]); Australia uses **MARA** at [[https://www.mara.gov.au/|mara.gov.au]]; the US uses BIA-accredited representatives on the **DOJ EOIR R&A roster** ([[https://www.justice.gov/eoir/recognition-accreditation-roster-reports|justice.gov EOIR roster]]). (2) Confirm the consultancy holds an **active GST registration** at [[https://services.gst.gov.in/services/searchtp|gst.gov.in]] and is on the **MCA21 register** at [[https://www.mca.gov.in|mca.gov.in]]. (3) Ensure the **service agreement is on stamp paper, not a WhatsApp PDF**. (4) Verify the case number with the destination immigration authority (IRCC GCKey, UK Home Office UAN, AU ImmiAccount) **within 14 days of payment**. (5) If defrauded, file in this order: written demand → **District Consumer Disputes Redressal Commission (DCDRC)** under the **Consumer Protection Act 2019** → RBI Ombudsman for the bank's role — and parallelly report to the destination regulator, who can disbar the operator.
+===== In this guide =====
+  * [[#What counts as a fake immigration consultancy|What counts as a fake consultancy]]
+  * [[#The eight red flags before you sign|The eight red flags before you sign]]
+  * [[#The 10-minute regulator verification drill|The 10-minute regulator verification drill]]
+  * [[#The genuine route for overseas jobs and study|The genuine route for overseas jobs and study]]
+  * [[#What a genuine engagement letter looks like|What a genuine engagement letter looks like]]
+  * [[#If you have already paid — first 14 days|If you have already paid — the first 14 days]]
+  * [[#Recovery pathway — consumer court, RBI, regulator|Recovery pathway — consumer court, RBI, regulator]]
+  * [[#Reporting the consultancy — Indian + foreign|Reporting the consultancy — Indian + foreign authorities]]
+  * [[#Sample legal-notice + consumer-court complaint|Sample legal-notice + consumer-court complaint]]
+  * [[#Filing an RTI to the Protector of Emigrants|Filing an RTI to the PoE / state Registrar of Companies]]
+  * [[#FAQ|FAQ]]
+  * [[#Myth vs reality|Myth vs reality]]
+===== What counts as a fake immigration consultancy =====
+A consultancy is "fake" — and chargeable under the **Consumer Protection Act 2019 §2(11)** as deficient service plus **cheating under the BNS, 2023 §318** — when any of these is true:
+  * **No destination-country licence number** for an "RCIC / OISC / MARA / BIA" agent the firm claims to retain.
+  * **GST registration is dormant or cancelled** — verifiable in 30 seconds on the GST portal.
+  * **No physical office** in the city of operation; only a virtual address or a courier mailbox.
+  * **"100% guaranteed PR" language** in any brochure or website — every regulator (CICC, OISC, MARA) **prohibits** outcome guarantees, and no Indian consultancy can grant a foreign visa.
+  * **Cash-only payment policy**, no GST invoice, no receipt with the consultancy's PAN.
+  * **Stock photos of foreign cities** as "our successful clients in Toronto/Sydney" with no first-name + visa-stamp evidence.
+  * **No case-tracking number** in the destination country's portal within 30 days of payment.
+  * **Fake visa stamps, offer letters, or PR confirmation letters** — these are **forgery** under **BNS, 2023 §336–§340** (making and using a forged document or electronic record), a separate criminal offence alongside cheating.
+===== The eight red flags before you sign =====
+==== 1. "100 % PR / Visa / Settlement guarantee" ====
+The CICC, OISC, MARA, and the US BIA all **prohibit** outcome guarantees in advertising. A "100% guarantee" billboard is itself professional misconduct by the foreign agent (if any) and a misrepresentation under **Consumer Protection Act 2019 §2(28)**.
+==== 2. "Pay full ₹X lakh today, 50% discount" ====
+Fast-close pricing is a common red flag. Genuine consultancies charge in milestones: file lodgement, ITA / invitation, visa stamping. **Never pay the full fee upfront.** A discount valid only "till tomorrow" is a manipulation tactic.
+==== 3. No regulator licence number on the website footer ====
+Every CICC member, OISC adviser, MARA-registered agent, and BIA-accredited representative has a public licence number. The regulator publishes a **searchable register** — [[https://college-ic.ca/|CICC public register]] for Canada, [[https://www.gov.uk/find-an-immigration-adviser|OISC adviser-finder]] for the UK, [[https://www.mara.gov.au/|MARA register]] for Australia, and the [[https://www.justice.gov/eoir/recognition-accreditation-roster-reports|EOIR R&A roster]] for the US. If the website footer does not carry the consultant's name + licence number, walk away.
+==== 4. Indian "consultancy" claims its in-house lawyer is licenced abroad ====
+An Indian advocate enrolled with the Bar Council of India is **not** licenced to practise in Canada / UK / Australia / US. Only the destination regulator's licence permits filing on behalf of clients. Cross-check on the destination bar register — //New York State Unified Court System Attorney Search//, //Law Society of England and Wales Find a Solicitor//, etc.
+==== 5. The "engagement letter" is a 1-page WhatsApp PDF ====
+A genuine immigration retainer is a multi-page contract on letterhead, stamped, with explicit deliverables, milestone fees, refund schedule on termination, and the regulator's complaint pathway. Anything shorter is a manipulation device, not a contract.
+==== 6. Bank account is a personal individual account, not the consultancy's GST PAN ====
+Never transfer to a personal UPI handle or savings account "to save GST." That single line transfers the entire risk of the engagement to you, removes the consumer protection of an invoice, and indicates the operator is preparing to dissolve the entity.
+==== 7. The case-tracking number is "applied — pending" for more than a few weeks ====
+Genuine destination portals issue a **case reference shortly after submission** — IRCC's GCKey reference, UKVI's UAN, ImmiAccount's TRN. A consultancy that cannot produce this reference within 14 days of payment has not filed your case.
+==== 8. The reviews are all on Google but none on JustDial / Mouthshut / Trustpilot / LinkedIn ====
+Bulk-purchased Google reviews are cheap and common. Always cross-validate on at least two other independent platforms before paying.
+Before signing, search the consultant's full name (not the company name) plus "scam" / "complaint" / "fake" on Google, Reddit (r/immigration and the destination country's subreddit), and LinkedIn. Most repeat frauds leave at least one prior complaint somewhere on the open internet.
+===== The 10-minute regulator verification drill =====
+==== Canada (CICC) ====
+Open [[https://college-ic.ca/|college-ic.ca → RCIC Public Register]]. Enter the consultant's name. The register returns: licence number, member category (R1, R2, RCIC-IRB), city, status (Active / Suspended / Disbarred), and disciplinary history. **Only RCICs and Canadian lawyers / paralegals** can charge fees for Canadian immigration advice.
+==== United Kingdom (OISC + Law Society) ====
+For non-lawyer advisers: [[https://www.gov.uk/find-an-immigration-adviser|gov.uk → Find an Immigration Adviser]]. For solicitors: [[https://solicitors.lawsociety.org.uk|solicitors.lawsociety.org.uk]]. OISC publishes adviser level (1, 2, 3) — only Level 3 may handle representation in tribunal cases.
+==== Australia (MARA) ====
+[[https://www.mara.gov.au/|mara.gov.au]] — the Office of the Migration Agents Registration Authority (OMARA). Returns: MARN (Migration Agents Registration Number), registration status, business address, and any past disciplinary findings. Australian solicitors with a practising certificate can also act — verify on the relevant state Law Society register.
+==== United States (BIA + AILA) ====
+[[https://www.justice.gov/eoir/recognition-accreditation-roster-reports|justice.gov → EOIR Recognition & Accreditation roster]] for accredited representatives and recognised organisations. For attorneys, the **AILA Bar Member Search** plus the issuing state bar's lawyer-search. **There is no standalone "US immigration consultant" licence — only attorneys and BIA-accredited reps may charge fees.**
+==== Germany ====
+Migration advice is regulated under the **Rechtsdienstleistungsgesetz (RDG)**. Only Rechtsanwälte (solicitors) admitted at a bar, and registered immigration advisers, may give legal advice — verify a solicitor on the Bundesrechtsanwaltskammer's [[https://www.brak.de|brak.de Anwaltsuche]].
+==== UAE / Gulf (employment migration) ====
+PRO services in the destination country are licensed by that country's **General Directorate of Residency and Foreigners Affairs (GDRFA / ICP)**. India-side recruitment for overseas employment is regulated separately — see the next section.
+===== The genuine route for overseas jobs and study =====
+**For overseas jobs**, the legal Indian route is the **Emigration Act, 1983**, administered by the **Protector of Emigrants (PoE)** under the Ministry of External Affairs. Any agency recruiting Indians for work abroad must be a **registered Recruiting Agent (RA)** on the **eMigrate portal** at [[https://emigrate.gov.in|emigrate.gov.in]], where you can search an RA's registration number, validity, and the countries it is cleared for. The search is free, and this single check catches most bogus "Gulf job" agents. For ECR (Emigration Check Required) passports and the notified list of countries, emigration clearance is mandatory.
+**For the passport itself**, issuance and revocation are governed by the **Passport Act, 1967**, executed by the **Bureau of Immigration** ([[https://boi.gov.in|boi.gov.in]]) and the Regional Passport Offices; a consultancy has no role in deciding whether a passport issues.
+**For study abroad**, the genuine route is a direct application to the destination university (or its official country portal) plus an education loan from a scheduled bank under RBI norms. A "consultancy" that guarantees admission or a post-study work visa is not a guarantor — only the university's admission office and the destination embassy can confirm a seat or a visa.
+> **Remember** — A consultancy prepares and submits your file. It does **not** decide your visa, your job offer, or your university seat. Only the destination country's embassy, immigration authority, employer, or university can. Anyone who promises a guaranteed outcome is misrepresenting what they can do.
+===== What a genuine engagement letter looks like =====
+  * **Parties** — full legal name + address + GSTIN of the consultancy + name + licence number of the foreign regulated agent.
+  * **Scope** — exact destination programme (Express Entry / Skilled Worker Visa subclass 482 / Tier 2 Skilled Worker), deliverables (documentation review, eligibility report, file lodgement, follow-ups, interview prep).
+  * **Fee schedule** — milestones with explicit triggers; no "advance discount" pre-payment.
+  * **Government fees disclosed separately** — IRCC Application Processing Fee, Right of Permanent Residence Fee, Biometrics, etc., with the destination authority as the payee, not the consultancy.
+  * **Refund clause** — pro-rata refund on early termination by the client; full refund + compensation on termination by the client due to the consultant's deficiency.
+  * **Limitation of liability** — should not exceed total fees paid (a clause that limits liability to "₹1,000" is void under the Consumer Protection Act).
+  * **Dispute resolution** — courts of the consultancy's city, the destination regulator's complaint pathway, and the Indian Consumer Disputes Redressal Commission's jurisdiction.
+  * **Stamping** — ₹100 / ₹500 stamp paper + signatures + two witnesses.
+===== If you have already paid — the first 14 days =====
+==== 1. Compile evidence ====
+  * The engagement letter (PDF + WhatsApp + email).
+  * Every payment receipt + bank statement showing the transfer.
+  * GST invoice (if any) — its absence is itself evidence.
+  * Every WhatsApp / email asking for status updates.
+  * Screenshots of the consultancy's website (use the Wayback Machine for old versions).
+  * The destination regulator's "No record" or "Disciplined" search result for the agent named in the letter.
+==== 2. Send a written legal demand ====
+A formal **legal notice** under **Consumer Protection Act 2019** + **Indian Contract Act 1872 §73** to the consultancy at its registered address, by **Speed Post AD** + **email**. Demand: refund within 15 days, plus interest and compensation. The notice is the precondition to filing a consumer-court complaint.
+==== 3. Freeze further losses ====
+Disable any auto-debit. Lock the UPI per-transaction limit. Email the consultancy a written **"no further authorisation"** instruction.
+==== 4. Open the destination regulator complaint ====
+This is the parallel track. CICC / OISC / MARA can each investigate and discipline the foreign agent, which removes the consultancy's only remaining commercial value and can accelerate settlement.
+==== 5. File the police report (if cheating or forgery exists) ====
+If the consultancy made false licence claims, produced fake visa or offer letters, or accepted payment with no intent to perform, an FIR can be registered at the home police station for **cheating under BNS, 2023 §318**, **cheating by personation under §319**, and — where forged documents were used — **forgery under §336–§340**.
+==== 6. Bank dispute (card payments only) ====
+If payment was by credit card, raise a chargeback through the card-issuer within the network's window (typically up to 120 days). For UPI / NEFT fraud, file an NCRP complaint at [[https://cybercrime.gov.in|cybercrime.gov.in]] or call the **1930** cyber-fraud helpline.
+> **Warning** — Do not delete the consultancy's WhatsApp group "to start fresh." Every WhatsApp message is admissible evidence under **Bharatiya Sakshya Adhiniyam, 2023 §63**. Export the chat (//Chat → More → Export with media//) and email it to yourself and your lawyer.
+===== Recovery pathway — consumer court, RBI, regulator =====
+==== Pathway A: District Consumer Court (DCDRC) — the primary route ====
+Under the **Consumer Protection (Jurisdiction) Rules, 2021** read with **Consumer Protection Act 2019 §34**, the **DCDRC has pecuniary jurisdiction up to ₹50 lakh**. File at the consumer's residence or where the cause of action arose. The court fee is nominal. A successful award typically means full refund + interest + compensation + costs.
+For claims **₹50 lakh – ₹2 crore** → **State Commission**. Above ₹2 crore → **National Consumer Disputes Redressal Commission (NCDRC)**.
+==== Pathway B: RBI Ombudsman (for the bank's role) ====
+If the consultancy received payment via your bank and the bank failed to act on a KYC or unauthorised-transaction complaint, file with the **RBI Ombudsman** under the **Reserve Bank — Integrated Ombudsman Scheme, 2026 (RB-IOS 2026)** at [[https://cms.rbi.org.in|cms.rbi.org.in]] (toll-free **14448**). Complain to the bank first; if it does not reply within 30 days, escalate to the Ombudsman within 90 days. The Ombudsman cannot order a refund of the consultancy's fee, but can order the bank to pay for its own deficiency.
+==== Pathway C: Destination regulator (CICC / OISC / MARA) ====
+Each regulator publishes a **public complaints form**:
+  * CICC — [[https://college-ic.ca/|college-ic.ca → File a Complaint]]
+  * OISC — [[https://www.gov.uk/government/organisations/office-of-the-immigration-services-commissioner/about/complaints-procedure|OISC complaints procedure]]
+  * MARA — [[https://www.mara.gov.au/|mara.gov.au → Lodge a Complaint]]
+Outcome: agent suspension or disbarment, with restitution possible from the agent's bond. Indian consultancies trading on a foreign agent's licence cannot survive a regulator action.
+==== Pathway D: GST / income-tax evasion report ====
+If the consultancy operated without GST or with a cancelled GSTIN, a tip to the **Director General of GST Intelligence (DGGI)** or the local CBIC GST commissioner can trigger tax + penalty action. While this does not directly refund you, it can freeze the consultancy's operations and improve settlement leverage.
+==== Pathway E: Class action under CPA 2019 ====
+If multiple victims exist (a common pattern), a **class consumer-court complaint** can be filed jointly under the Consumer Protection Act 2019. Pooling victims into one complaint accelerates the case and lowers the cost per person.
+==== Pathway F: Civil suit + arrest before judgment ====
+For high-value frauds, a parallel **civil money-decree suit** with an **interim application under CPC Order 38 Rule 5** for arrest before judgment can secure the consultant's assets while the case is pending.
+===== Reporting the consultancy — Indian + foreign authorities =====
+  * **NCRP** — [[https://cybercrime.gov.in|cybercrime.gov.in]] (online cheating) + helpline **1930**
+  * **State CID Cyber Cell** — for organised, multi-victim frauds
+  * **Ministry of External Affairs — Madad** — [[https://www.madad.gov.in|madad.gov.in]] (escalation for departure-stage issues)
+  * **Protector of Emigrants / eMigrate** — [[https://emigrate.gov.in|emigrate.gov.in]] for any consultancy claiming to handle ECR-listed countries or overseas recruitment
+  * **MCA Registrar of Companies** — [[https://www.mca.gov.in|mca.gov.in]] for shell-company analysis
+  * **Foreign regulator** — CICC, OISC, MARA, BIA / AILA
+  * **Income Tax — Tax Evasion Petition** — [[https://www.incometax.gov.in|incometax.gov.in]] → //Tax Evasion Petition//
+===== Sample legal-notice + consumer-court complaint =====
+==== Legal notice — Demand for refund ====
+<code>
+[On lawyer's letterhead]
+By Speed Post AD + email
+To,
+M/s [Consultancy Name]
+[Registered Address]
+[GSTIN, if known]
+DD-MM-2026
+Sub: Demand notice for refund of ₹__________ paid towards
+        immigration consultancy services — and notice of
+        intended consumer-court action
+Madam / Sir,
+I am instructed by my client, Shri / Smt. [Client Name] of
+[Address], to address you as follows:
+. By engagement letter dated DD-MM-2026, my client retained
+   your firm for [destination] [programme] consultancy at a
+   total fee of ₹__________, of which ₹__________ was paid
+   on DD-MM-2026 (transaction reference _______).
+. You represented that your firm engages an "RCIC / OISC
+   / MARA / BIA-licenced" consultant. Verification on the
+   official register of [CICC / OISC / MARA / BIA] returns
+   "no record" / "expired" / "disciplined" (Annexure A).
+. No case-reference number with the destination country's
+   immigration authority has been issued in respect of my
+   client's matter (Annexure B — own ImmiAccount /
+   GCKey / UKVI screenshots).
+. No GST invoice was issued. Your GSTIN _______ is shown
+   as "Cancelled / Inactive" on the GST portal
+   (Annexure C).
+. Your conduct constitutes a deficiency in service under
+   Consumer Protection Act 2019 §2(11) read with §2(28),
+   compounded by misrepresentation under Indian Contract
+   Act 1872 §17 and cheating under the BNS, 2023 §318
+   [and personation under §319 / forgery under §336–§340
+   where forged documents were used].
+You are hereby called upon to:
+  (a) refund the entire sum of ₹__________ within 15 days
+      of receipt of this notice;
+  (b) pay simple interest @ __% p.a. from the date of
+      payment till realisation;
+  (c) pay compensation of ₹__________ for mental agony and
+      consequential loss.
+Failing compliance, my client shall be constrained to file
+a consumer complaint before the District Consumer Disputes
+Redressal Commission [district], a complaint with [foreign
+regulator], an FIR under the relevant sections of the BNS,
+, a petition under the GST evasion-tip framework, and
+any other remedies in law, entirely at your costs.
+The receipt of this notice may kindly be acknowledged.
+Yours sincerely,
+[Advocate Name]
+Bar Enrolment No. ____________
+[Address, contact]
+cc: Client; consumer-court file; [foreign regulator]
+</code>
+==== Consumer-court complaint (skeleton) ====
+<code>
+IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
+        [District], [State]
+Consumer Complaint No. _________ of 2026
+In the matter of:
+Shri / Smt. [Client Name],
+[Address], aged ___, occupation ___                ... Complainant
+Versus
+M/s [Consultancy Name] (a [Pvt Ltd / LLP / Proprietorship])
+[Registered Address]
+through its [Director / Partner / Proprietor]      ... Opposite Party
+Complaint under Sections 35, 38, and 39 of the
+Consumer Protection Act 2019.
+The complainant respectfully submits as under:
+[Pleadings — facts, deficiency in service, prayer for refund
++ interest + compensation + costs.]
+VERIFICATION
+I, [Name], the complainant above-named, verify that the
+contents of paragraphs 1 to ___ are true to my own
+knowledge and that the contents of paragraphs ___ to ___
+are true on information believed to be correct.
+Verified at [place] this DD-MM-2026.
+                                              ____________________
+                                              (Complainant)
+</code>
+===== Filing an RTI to the PoE / state Registrar of Companies =====
+For consultancies that "include" recruitment for ECR-listed countries, an RTI to the **Protector of Emigrants** (under the Emigration Act, 1983) confirms whether the firm holds an eMigrate RA licence. For purely consultancy-only firms, an RTI to the **Registrar of Companies** seeks the firm's last filed financials, charges, and director list.
+<code>
+PIO, Office of the Registrar of Companies, [State]
+Sub: Application under §6(1) RTI Act 2005
+Please furnish the following information in respect of
+M/s [Consultancy Name] holding CIN ____________:
+. Date of incorporation, registered office address,
+   email and contact as on file.
+. Names, DINs, addresses, and dates of appointment /
+   resignation of all directors / designated partners.
+. Latest financial statements, annual returns, and
+   any charges registered against the company.
+. Whether any prosecution / inspection / inquiry is
+   pending against the company under the Companies
+   Act 2013 or under the Insolvency and Bankruptcy Code.
+. Whether the company has filed Form SH-7 (alteration
+   of share capital) or LLP Form 4 (changes) in the last
+months, and the dates of such filings.
+A Postal Order of ₹10 (No. ________) is enclosed.
+A reply is requested within 30 days under §7(1).
+Yours sincerely,
+__________________
+Date: DD-MM-2026
+</code>
+The [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Drafter]] can draft this PoE / RoC application from your facts; see the [[https://righttoinformation.wiki/book|RTI Playbook]] for the full filing workflow.
+===== Sources & internal links =====
+  * **Canada — CICC** — [[https://college-ic.ca/|college-ic.ca]] (RCIC public register)
+  * **United Kingdom — OISC** — [[https://www.gov.uk/find-an-immigration-adviser|gov.uk find an immigration adviser]]
+  * **Australia — MARA** — [[https://www.mara.gov.au/|mara.gov.au]]
+  * **United States — EOIR R&A roster** — [[https://www.justice.gov/eoir/recognition-accreditation-roster-reports|justice.gov EOIR roster]]
+  * **Overseas jobs — eMigrate / Emigration Act, 1983** — [[https://emigrate.gov.in|emigrate.gov.in]]
+  * **Bureau of Immigration** — [[https://boi.gov.in|boi.gov.in]]
+  * **GST verification (India)** — [[https://services.gst.gov.in/services/searchtp|gst.gov.in]]
+  * **MCA21** — [[https://www.mca.gov.in|mca.gov.in]]
+  * **NCRP** — [[https://cybercrime.gov.in|cybercrime.gov.in]] · helpline **1930**
+  * **RBI Ombudsman (RB-IOS 2026)** — [[https://cms.rbi.org.in|cms.rbi.org.in]] · toll-free **14448**
+  * **MEA Madad** — [[https://www.madad.gov.in|madad.gov.in]]
+  * **Income Tax** — [[https://www.incometax.gov.in|incometax.gov.in]]
+  * **Consumer Protection Act 2019** — §2(11), §2(28), §34, §35, §38, §39, §100
+  * **Indian Contract Act 1872** — §17, §73
+  * **BNS, 2023** — §318 (cheating), §319 (cheating by personation), §336–§340 (forgery), §351 (criminal intimidation)
+  * **Bharatiya Sakshya Adhiniyam, 2023** — §63 (electronic records)
+Related RTI Wiki pages:
+  * [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Drafter]]
+  * [[https://righttoinformation.wiki/book|The RTI Playbook]]
+  * [[https://righttoinformation.wiki/human-trafficking-fake-overseas-jobs-india|Human trafficking through fake overseas jobs]]
+  * [[https://righttoinformation.wiki/cyber-slavery-scam-compound-job-fraud-india|Cyber slavery / scam-compound recovery]]
+  * [[https://righttoinformation.wiki/rti-act-2005-complete-guide|RTI Act 2005 — complete guide]]
+===== FAQ =====
+==== Can an Indian advocate practise immigration in Canada? ====
+No. Only a Canadian solicitor or RCIC can charge fees for Canadian immigration matters. An Indian advocate may **prepare** documents but cannot **represent** before IRCC. The "Indian solicitor licenced abroad" is a frequent fraud claim — verify on the destination bar register.
+==== The consultancy promised a "money-back guarantee." Why don't they refund? ====
+Because most "guarantees" come with hidden terms — the refund is conditional on dozens of unrealistic compliance steps (e.g., "must surrender all documents within 24 hours of refusal"). Under **Consumer Protection Act 2019 §2(28)**, such terms are themselves unfair contracts and the consumer-court can strike them down.
+==== I paid in cash. Do I have any case? ====
+Yes. Cash payment is harder to evidence but not fatal. A bank statement showing cash withdrawal at the same date, multiple WhatsApp messages discussing payment, and a witness statement of the cash transfer together ground a circumstantial case. The **Bharatiya Sakshya Adhiniyam, 2023 §63** admits electronic evidence.
+==== The consultancy filed a "Provincial Nomination" — they say the case is genuine but waiting. How do I verify? ====
+Ask for the **Province's PNP file number** + your IRCC GCKey screenshot. Each Canadian province (Ontario OINP, BC PNP, Saskatchewan SINP) issues a tracking number. If neither exists 60 days after fee payment, escalate.
+==== Is consumer court the only route? ====
+No. Consumer court is the primary refund route. Parallel routes: foreign regulator (disbarment), GST evasion tip-off (account freeze), police FIR (criminal cheating and forgery), MCA RoC (corporate veil piercing). All can run simultaneously.
+==== The consultancy says I cannot complain because the engagement letter has a "no consumer-court arbitration" clause. ====
+That clause is **void** under **Consumer Protection Act 2019 §100**. The Act overrides any contractual restriction. Consumer rights cannot be contracted away.
+==== Will the consultancy retaliate by sending threats? ====
+Some do. Save every threat (call recording is legal when one party to the call consents). Threats themselves are punishable under **BNS, 2023 §351 (criminal intimidation)** and add to the FIR's seriousness.
+==== How long does a consumer court take? ====
+DCDRC: typically several months to a year for uncontested cases, longer for contested ones. National Commission RP appeals add further time. Cases filed with proper paperwork resolve faster.
+==== Should I hire a lawyer or appear in person? ====
+Consumer court allows the consumer to appear in person — an advocate is not mandatory. For complex cases (high value, multi-victim, foreign regulator running in parallel), a lawyer materially improves outcomes.
+==== Can I claim emotional distress? ====
+Yes — "compensation for mental agony" is routinely awarded by consumer commissions in immigration-fraud cases, with the figure depending on the facts.
+===== Myth vs reality =====
+^ Myth ^ Reality ^
+| "100% PR guaranteed — they wouldn't say it if it weren't true." | Outcome guarantees are explicitly prohibited by every destination regulator. The presence of such a phrase is itself misconduct. |
+| "I'll lose everything if I push for refund — they'll cancel my file." | The consultancy's "file" is empty in fraud cases — there is no file to cancel. Push the refund. |
+| "Consumer court is for ₹500 phone disputes — not ₹10 lakh." | DCDRC has jurisdiction up to ₹50 lakh. State Commission up to ₹2 crore. NCDRC for higher. The forum is built for exactly this scale of dispute. |
+| "Foreign regulator complaint takes years and won't help." | CICC, OISC and MARA each run a public complaints process that can lead to the agent's suspension or disbarment, with restitution possible from the agent's bond. |
+| "Once I sign a no-refund clause, I cannot get my money back." | Section 100 CPA 2019 voids any unfair contract clause. Consumer rights are statutory and non-derogable. |
+| "Better to forget the loss and not pursue — saves time." | Reporting publicly (consumer-court order, foreign regulator listing) protects the next victims. The pursuit is a public-interest act, not just a private one. |
+//Last reviewed: 17 July 2026.//
+{{tag>cic consumer visa scam fake immigration consultancy verify}}