• Giving cash and not return by visa and abroad sending agent

I have given cash money to visa consultant for abroad going and he is only giving me words that he can do but one year passed he doesn't do anything in my visa or abroad going process and now he doesn't reply me
Asked 3 days ago in Civil Law

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10 Answers

File police complaint against visa agent for cheating and criminal breach of trust 

 

if police refuse to lodge FIR file private complaint before magistrate to direct police to investigate and submit report 

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

He is fraud. Issue him lawyer's notice seeking refund with interest and cost of notice within one week warning of legal action under criminal and civil law. There after file a criminal complaint  for cheating against him in Court of Magistrate. Order will be given to police to arrest him and file charge sheet. He will immediately pay you.

Ravi Shinde
Advocate, Hyderabad
4263 Answers
42 Consultations

File a police complaint for cheating and criminal breach of trust 

Vibhanshu Srivastava
Advocate, Lucknow
9670 Answers
310 Consultations

If he's not responding to your calls then you can send a legal notice to him demanding the return of your amount with interest giving him a short period of 7 to 10 days for complying with the demands made.

Failing to invoke a proper response you can lodge a criminal complaint against him with the local police for necessary action for the offences of cheating and breach of trust.

T Kalaiselvan
Advocate, Vellore
87422 Answers
2348 Consultations

If you have receipts of payment you can file complaint under consumer protection act. You can also file cheating complaint against him 

Prashant Nayak
Advocate, Mumbai
32660 Answers
206 Consultations

When dealing with a visa consultant who has failed to deliver services despite receiving payment, it’s important to approach the situation with a strategy to either recover the money or compel the consultant to fulfill the agreed-upon services. Here’s a step-by-step guide on how you can proceed:

1. Documentation and Evidence


  • Gather Evidence: Collect all related documents such as receipts, bank statements showing the payment, emails, text messages, and any written agreements or communications that show your arrangement with the visa consultant.

  • Record Details: Make a detailed timeline of events, noting each interaction, what was promised, and what has been delivered.

2. Formal Communication


  • Send a Formal Letter: Write a formal demand letter to the consultant, stating the services that were agreed upon, what has been paid, and what has not been delivered. Specify a deadline for a response or the completion of services.

  • Demand Refund: Clearly state that failure to respond or render services will result in further legal actions to recover the funds.

3. Legal Notice


  • Engage a Lawyer: If there is no satisfactory response to your demand letter, consult with a lawyer who can draft a legal notice. This notice will formally demand the return of your money or the fulfillment of services under the threat of legal action.

4. Consumer Protection


  • Consumer Complaint: File a complaint with the consumer affairs department or a similar consumer protection agency in your area. These agencies can offer assistance in disputes involving services and might help in mediating the issue.

5. Legal Action


  • Small Claims Court: If the amount is within the limit for small claims (this limit varies by location), consider filing a claim. Small claims courts typically provide a simpler and quicker process for resolving disputes.

  • Civil Lawsuit: For larger amounts, or if the small claims court is not an option, a civil lawsuit might be necessary. Your lawyer can advise on the viability and process of this approach.

6. Online and Public Feedback


  • Warning Others: While pursuing these steps, consider leaving honest reviews about your experience on online platforms where the consultant is advertised. This can warn others about the consultant’s practices and potentially pressure them into resolving your issue.

7. Report to Regulatory or Licensing Bodies


  • Reporting Misconduct: If the visa consultant is part of a professional body or requires a license to operate, report this issue to the relevant authorities. Such bodies may take disciplinary action or offer dispute resolution services.

8. Consider Alternative Dispute Resolution


  • Mediation or Arbitration: Before heading to court, consider alternative dispute resolution methods like mediation or arbitration, which can be faster and less expensive.

9. Prepare for Possible Delays


  • Be Prepared for Delays: Legal and official proceedings can take time, especially if the consultant chooses to contest your claims.

Each step should be tailored to your specific situation, considering the amount involved and the potential cost of legal action. Consulting with a legal professional will provide you with a clearer understanding of your rights and the best course of action based on local laws and regulations.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
322 Answers

Dear Client, in your case, when the visa consultant has taken money from you and failed to deliver the promised services or return your money, then you are free to go to the courts. To start with, send a legal notice to the consultant, demanding either immediate completion of the visa process or return of your money within a specified time frame. Provide proof of payment, receipts, messages, or witness statements. If there is no response, you can file a complaint under Section 318 of the Bharatiya Nyaya Sanhita (BNS)for fraudulent intent. You can also approach the local Consumer Forum under the Consumer Protection Act, 2019, for deficiency in service and claim compensation for mental harassment and financial loss. You can also report them to the Ministry of External Affairs or the relevant government authority managing visa services if the consultant operates without proper authorization. Consulting an experienced lawyer will help you proceed effectively.

Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

To recover your money or address this issue, follow these steps:

  1. Document Evidence: Gather all evidence of your transaction, including receipts (if any), messages, emails, or call records.

  2. Send a Legal Notice: Engage a lawyer to draft and send a legal notice to the visa consultant demanding a refund of the amount within a specified period.

  3. File a Complaint:


    • Consumer Court: If you have proof of payment, file a complaint in the consumer forum for deficiency of service.

    • Police Complaint: File a complaint with the local police under charges of cheating and fraud (Section 420 of IPC).

  4. Complaint to Authorities: If the consultant is registered with any immigration authority, lodge a formal complaint with them.

  5. Legal Action: If no response is received, you may file a recovery suit in the civil court to claim your money.

Consult a lawyer for personalized assistance and ensure timely action to protect your rights.

Aman Verma
Advocate, Delhi
38 Answers

If you have a written agreement with the visa consultant outlining the services to be provided, and he has failed to fulfill those obligations, you may have a case for breach of contract..

You can file a complaint against the consultant under the Consumer Protection Act, 2019, if he is not responding and has not delivered on his promises.

Gather all relevant documents, including the agreement, payment receipts, and any communication with the consultant. This evidence will support your case.

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

It is well settled law that any service provider cannot be allowed to forfeit the fees or consideration received in advance in case the person has not availed the service. 

- Hence, if the said consultant has not given services for the visa , then he is under obligation to refund the entire amount paid by you. 

- You can send a legal notice for getting the paid amount. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

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