Hello, In 2021, I signed up with an immigration consultant for the filing of my Canada PR. I had paid INR 40,000 back then. Since then, I have been following up with them regarding the status of my application. They have hardly reached out to me. Now, it's been more than 2 years, and I will turn 33 this year. As such, given the circumstances, the chances of me getting a Canadian PR are slim. I no longer wish to continue with them and want my refund. I contacted the owner, asking for a refund, and he refused outright. I am aware that, as per the agreement, they don't owe me a refund, but all they did was create my express entry profile and apply for some provincial nominations, which I could have done easily. Also, I would like to highlight that the consultant is not a registered consultant with IRCC, and when I brought this up with him, he gave a lame explanation, stating that since I have never had visa rejections in the past or since I do not have a criminal record, it's ok to sign up with them. My question is: Will I be able to recover at least 50% of the amount if it is not full from them? I would greatly appreciate your advice. Thanks, Abhijit
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Issue them legal notice to refund your money as your application for PR was not processed although more than 2 years have passed since application was made
you can file complaint with consumer forum and seek refund of money paid by you as they are not a registered consultant and no steps have been taken to process your application
You highlight all the grievances you had to suffer due to their inordinate delay in the process and issue them a legal notice, instruct them to cancel the agreement because they failed to provide the services properly and demand refund of the amount paid to them.
After that you can drag them to consumer forum for compensation towards deficiency in service.
- It is well settled law that any service provider like the training institutes, educational institutes, professional consultant cannot be allowed to forfeit the fees or consideration received in advance in case the customer has not availed the service.
- Further, the denial of refund of deposited amount is also against the public policy and hit by the provisions of Indian Contract Act,
- You should issue a demand notice, and on refusal the same file a complaint for the deficiency in service under the Consumer Protection Act.
Dear client,
Sorry to hear about your situation. The Consumer Protection Act, 2019, may afford some remedy. The Act places a strong emphasis on defending the rights of consumers, particularly their freedom to information and recourse. You could contend that the consultant violated your rights by failing to give sufficient updates and by being unregistered with the IRCC. File a formal complaint outlining the consultant's flaws and the unsatisfactory services with the consumer forum or commission in your jurisdiction. Provide proof of your communication attempts and the stagnation of your immigration procedure. The goal of consumer protection laws is to resolve these complaints, albeit success is not assured.
Hope this helps you.
Send them a mail, seeking refund as they have largely failed in providing any timely assistance to you.
In case they deny, send a legal notice.
You need to send legal notice and file consumer complaint for the same
