• Recovery of money

Hi sir, I applied for Canada immigration through one consultancy and I paid money of 70000 in July 2017 , I signed on the 100 rupees non judicial agreement as well and Now I have been diagnosed with the asthma and it's not at all recommended by doctors for going Canada. They are not giving my money back. Please advice me how to recover the money..I have been following them to refund through mail..it's of no use sir.. I am from a poor family..now.. for me that 70k is big amount for me.. kindly assist me in order to recover the money... thank you Sir....
Asked 6 years ago in Business Law

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17 Answers

Hello,

Hire a lawyer and sent them a legal notice if not complied file a money suit against them.

Thanks and regards

Swarupananda Neogi
Advocate, Kolkata
2974 Answers
6 Consultations

As you have signed an agreement with the consultant m. You should first look into the agreement and see if their is any clause related to your query. If their is no clause related to the same then you can send him a legal notice for recovery of the said amount.

Ruchit Dugar
Advocate, New Delhi
190 Answers

Issue the consultancy with the legal notice to refund amount. (Further see here the terms and condition if any of the agency has to be seen as it is you diagnose with the asthama if consultancy has fulfied there work.they can sent to refund so any documents you signed with agency)

Further if on notice they do not refund file recovery suit against the agency for recovery of the amount paid In lieu.

Consumer complaint can also be filed but it has to be proved.that there is deficiency of service or malpractice from there side

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

What are clauses in agreement signed by you ?

2) if agreement contains a clause that money would not be refunded consultancy firm would not refund your money

Ajay Sethi
Advocate, Mumbai
97230 Answers
7851 Consultations

1. Is there a clause in the contract that in the event of a medical ailment you will be entitled to the refund of the amount. I am sure that it will not be there.

2. You are unable to go because of your own medical condition, not due to the default of the consultancy firm. Hence, you cannot recover the money from it unless there is a clause in the contract.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

This is my response to you:

1. When you signed on the Rs.100 stamp paper did you agree to certain terms and conditions?

2. Is one of the conditions that the consultancy would forfeit your money?

3. If no, then you have good chances to retrieve the money given to them;

4. Send them a legal notice and ask for the money;

5. Also state that you need compensation as 1 lakhs for the mental loss suffered by you;

6. If they don't respond then either you can file a consumer court case or a suit for recovery in civil court;

7. Collect all evidences of the efforts you made to retrieve the money as well the asthama medical certificate.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

This is in further response to you:

1. Suffering from medical problem is a emergency situation which no one anticipates;

2. Therefore by your right you can at the least file for legal notice;

3. You will have to apply pressure tactics on them to retrieve your money;

4. If not the full at least 2/3rd of the sum should be refunded to you;

5. Rs. 70,000/- is a big amount and you are in need of that money for your medical expenses as well.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

You can serve a legal notice to them seeking refund of the entire amount paid by you, within 15 days of the receipt of legal notice.

But, taking any other legal action against them would be a futile exercise as no institute refunds money, owing to medical condition of the student.

Siddharth Jain
Advocate, New Delhi
6386 Answers
102 Consultations

Hi, the legal notice will have effect as per agreement .. Since in agreement no refund policy is there ,the chance of recovering money is minimal

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

You cannot then refund it as there was no default on the part of the consultancy firm. The services that you paid for were given to you.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

1. Since the agreement speaks of non refundable clause which you willingly signed getting back the money would not be a cake walk.

2. Anyway if it is found that if not much expenses incurred y the agency tp process your visa you can get back remaining balance amount.

3. To do so you need to file a civil suit for recovery of money. However do note that to get back money you would require to make lot of expenses towards engaging an advocate and court expenses.

Devajyoti Barman
Advocate, Kolkata
23277 Answers
516 Consultations

You can send them a legal notice stating that you have provided them leads as per their condition laid for repaying the consultancy fee.

You can also state this all happed inadvertently because of medical condition.

Ruchit Dugar
Advocate, New Delhi
190 Answers

Sir she as there is no refund clause as such secondly the breach has occurred due to your condition it will be difficult for you to get a refund but then also based on the referrals you can send them a legal notice. You can engage a lawyer to send legal notice on your behalf.

In my view you can send them legal notice and wait what they reply as it will be futile exercise for the recovery if not agreed for refund to lodge a suit. You will incur further legal expenses too.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

You can issue legal notice to consultancy firm seeking refund

2) however if firm refuses to refund your money chances of obtaining refund are bleak

Ajay Sethi
Advocate, Mumbai
97230 Answers
7851 Consultations

hello,

send them a legal notice and specifically state that they have played fraud on you by taking the amount.

if they do not respond file a complaint with the police and if the police do not cooperate, file a complaint before a magistrate expeditiously.

regards

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

You can send a legal notice to them communicating your decision to call off the proposed program to Canada due to your sudden development of health issues and demand the refund of the amount given to them by deducting the administrative charges if any.

What was the agreement condition for refund in such circumstances?

However you may initiate legal action for whatever worth it is, you may get some relief if you approach consumer court

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

If the conditions do not permit refund then you may have a tough time fighting for refund.

However you can send a legal demand notice through an advocate for this purpose, if you get something, it will be good, or else you may have remain cursing your fate.

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

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