Hi, it's advisable to issue a legal demand notice for the refund of amount ..In case of non-compliance to the notice , you can file a civil suit for recovery in court
Immigration consultants
Hi Team, I paid immigration consultant ( Visa Avenue) 76k for Australia Immigration. My job Quality Assurance Manager was available in Permanent Residency List. However 3 months later the job was withdrawn from the list and shifted to Temporary Visa ( 4 Year) list. This led me to withdraw my application since the PR was not a possibility on my Job and only Temporary Visa was offered, however Visa Avenue refuses to payback the fee. They are saying that as per the agreement the withdrawal is personal and no refund will happen due to personal reasons, however as per me the reason is market driven and i am rightful in asking for refund. Pls advise
Asked 5 years ago in Civil Law
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11 Answers
It is necessary to peruse terms and conditions of your agreement to advice
2) if there is no refund clause consultants would refuse to refund your money
3) you will have to file complaint against consultants before consumer forum and seek orders to direct them to refund your money with interest
Dear Client,
Is there any force majeure clause in the agreement, if yes than can demand refund through consumer court on the ground of majeure.
The clause for Refund is as follows . Pls advise if i can get the refund or not.. 1st Stage: If applicant’s Skills Assessment is rejected due to any reason apart from Clause no 2 then we will refund 25% (excluding taxes) of the amount paid to Visas Avenue till date. If applicant will agree we can reapply for your skills assessment again as well (not applicable on part payment) 2nd Stage: If applicant will not get the invitation for 2 years and the application comes out of the pool we can reapply EOI according to applicant’s discretion. However if applicant will not agree to apply the EOI again then we will refund 25% (excluding taxes) amount paid to Visas Avenue till date(not applicable on part payment). 3rd Stage: If your permanent visais rejected, due to any reason apart from Clause no.2 then we will refund 25% (excluding taxes) of the amount Paid to Visas Avenue till date.
Asked 5 years ago
Your agreement is silent as to refund to be granted in case you withdraw your application
You can take the plea that agreement is silent as to refund when you withdraw application fir visa
Your PR is hold and cannot be issue now, same govern with 3rd stage, entitle to refund after 25% deduction.
Your application is covered under stage 3 and you can claim for the 25% of your visa fees paid to visa Avenue.
In case the company refuse to pay back your fees amount you have the option to go to consumer forum and file a complaint against the visa Avenue along with the compensation and legal charges
Sir in the terms and condition there is no condition mentioned where in your facts can fit that is withdrawal if there is no possibility of PR or the nature of job .
So.you can give a legal notice to visa Avenue asking them to refund your amount back as the service by them was deficient and they promised for permanent visa and could not get.you same.
If on notice they don't refund the amount back file a consumer complaint before the district consumer forum.
In terms of the clauses extracted by you it is very apparent that you do not have the right to seek refund.
If you have voluntarily withdrawn the application for your own reasons then the conditions governing such situations will be applicable.
Therefor if the terms and conditions in such situations do not permit refund either in full or in part, then probably any legal action taken in this regard ,may not fetch any fruitful results,
However you may consult a local advocate on further issues.
3rd Stage: If your permanent visais rejected, due to any reason apart from Clause no.2 then we
will refund 25% (excluding taxes) of the amount Paid to Visas Avenue till date.
Thus it is clear from the fact that your application has not been rejected till this date.
It is clear that you have voluntarily withdrawn your application for which the company cannot be held responsible.