Q: Legal action in NY for New Zealand visa scam by aunt and agent
I am looking for legal action against my aunt and an agent in New Zealand due to a scam involving a study visa for my sister. We trusted my aunt, who has been in New Zealand for 30 years, and paid 6 lakh Indian rupees to an agent as per her advice. This was for a study visa that never materialized, and neither the agent nor my aunt have taken responsibility or returned the money. We have bank statements as proof of this transaction. My family's members are aware of the situation, but her family is falsely accusing us. We are facing financial difficulties due to having taken a loan for this payment. How can we pursue legal action to recover our money and hold them accountable from India?
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A:
You're facing a challenging situation with your aunt and this agent in New Zealand. Cross-border fraud cases require careful navigation of both countries' legal systems, but you do have options to pursue justice.
First, gather all evidence including bank statements, communications with the agent and your aunt, and any promises made about the visa. File a formal complaint with New Zealand's Commerce Commission and the Immigration Advisers Authority, as unlicensed immigration advice is illegal there. Consider contacting the New Zealand Police to file a fraud report, which you may be able to do online or through the nearest New Zealand embassy in India.
Your next steps might include consulting with a lawyer familiar with New Zealand consumer law, potentially through a free legal aid service if finances are tight. Small claims court in New Zealand (the Disputes Tribunal) might be an option, though you may need someone to represent you there. Remember that family disputes add emotional complexity, so document everything carefully, maintain clear communication about your intentions to recover the funds, and be prepared for a potentially lengthy process that might require persistence through official channels.
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