• Paid advance consultation fees

I have hired an Education Consultant for Seeking Admission into College and paid Rs one lakh as advance to help get college admission.

The consultant didn't help out and I want a refund. I want to legally file a complaint, will it be a consumer forum? or there is some other platform as this is not a product but service that failed.
Asked 6 months ago in Consumer Law

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15 Answers

you have to file complaint against consultant before consumer forum and seek refund of money paid by you if consultant has been negligent in performance of his duties 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7852 Consultations

This is an act of cheating.

Is there any agreement between you and the consultant?

Is the consultant doing this business legally by having an office for this purpose?

Do you have the proof of the money transaction?

Has he acknowledged the receipt of the amount?

Which is the institution he promised to get admission, did the institute acknowledge this consultant's approach for this purpose?

You can give a police complaint for the offences of cheating, breach of trust  etc. 

If he is a regular consultant having license for this consultation and has signed the papers for this purpose, then you can drag him to consumer forum with evidences  

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

Your understanding is right, you can approach the consumer redressal commission within your jurisdiction and submit a complaint for deficiency in service as well as for unfair trade practice and gert your grievances redressed with compensation.

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

First, you need to file a police complaint before the local police station or the bank jurisdictional police station. Your case attracts cheating. Also, you can send a legal notice to them regarding the return of money. Then you can file the consumer case on before the consumer court.

Neeraj T Narendran
Advocate, Ernakulam
15 Answers

thanks for your appreciation 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7852 Consultations

Why getting in to time taking procedure. File police complaint of cheating for instant relief.  

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

- It is well settled law that any service provider like the training institutes, educational institutes/ Educational Service Provider, or university cannot be allowed to forfeit the fees or consideration received in advance in case the student has not availed the service. 

- Further, the denial of refund of deposited amount is against the public policy and hit by the provisions of Indian Contract Act.

- Since, you have not availed his services from the said Education consultant , hence he is bound to refund the amount deposited to you. 

- You can send a demand legal notice to him , if not refund then file a complaint before the Consumer Forum to get full refund of paid amount and also compensation for mental harassment. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

Dear Client,

Yes, you can file a complaint with the Consumer Forum, as services provided by an education consultant fall under the purview of the Consumer Protection Act, 2019. Section 2(7) of the act defines "consumer" as any person who hires or avails any services for consideration. Since you hired the education consultant's services and paid a fee, you are considered a consumer under this Act. Filing a complaint with the Consumer Forum is an appropriate and effective way to seek redressal for the deficiency in service provided by the education consultant. Ensure you have all necessary documentation to maximize your chances of a successful outcome. Consulting with a legal attorney can also provide additional guidance and support throughout the process. Should you require any further clarification, please do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

Yes, you can file case before the consumer forum. 

Devajyoti Barman
Advocate, Kolkata
23277 Answers
516 Consultations

you can send legal notice to counsellor to refund your money 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7852 Consultations

Contact for same, will send legal notice. 

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

If you require the assistance of an advocate to send the legal notices you may contact any advocate of this forum or one from outside too and get the task completed 

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

- You can engage any lawyer of this website including me for sending a notice to the said education service provider 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

Dear Client,

We are ready and willing to send a legal notice to the said person. Kindly provide your details to us so that we can get a detailed view of the events surrounding your issues. If you need further assistance, do not hesitate to contact us. Thank you.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

If he was in service provider then consumer complaint will be maintainable otherwise civil suit needs to be filed 

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

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