• Refund for a non refundable contract

Hello Sir,

Am I eligible for refund in case of below event as all the below has lead to question on the credibility of the service i may get

I made a payment of 65k for canada express entry immigration service to one of the renowned service provider.
Contract has a clause saying above amount is non refundable once express entry profile created
Payment was made in month of April 17th 2020. In 2 days got a receipt of my payment name of letter heading ‘Initial Confirmation’ containing all details of me with terms and conditions..Seems to me it contract copy.
From that day no updates was received or communication made to me stating on the progress or next step etc
Upon my follow up no response receive from representative or sales person on watsapp..On 12 th June 2020 i dropped an e-mail to communicate i want to withdraw my contract and would like to talk in terms of how i can get refund.
To which my sales rep woke up and called me saying i was about to forward my file to which i told my i n withdrawing the case as i won’t be able to arrange for funds required for further processes.
Sales rep said it non refundable so can’t help it to which i dropped an e-mail asking few questions like
1)what is the progress made and when it started
2)whether i was informed about any delay in service or things not moving etc
Asked 2 years ago in Consumer Law

2 answers received in 10 minutes.

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13 Answers

you can send the a legal notice and file a case in consumer court for refund and compensation

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

1. you are not required to make any inquiries, rather, start the legal process,

2. you can serve them a legal notice through a lawyer to make a refund of the outstanding amount,

3. if payment is not made despite service of the legal notice, you can file a civil suit for the recovery of the amount,

 


delay on their part may be your ground to claim the refund, however,a deep look on the agreement is required before forming a firm view

Suneel Moudgil
Advocate, Panipat
2372 Answers
6 Consultations

4.7 on 5.0

File complaint against immigration service for failure to refund your money as no services were provided 

 

2) if they refuse to refund file complaint before consumer forum and seek orders to direct service center to refund your money with interest 

 

3) also seek litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

- As per law, any service provider whether online or offline ,cannot be allowed to forfeit the service fees or consideration received in advance in case the consumer has not availed the service.

- Further, the clause that the service fee once paid is not refundable is unconscionable and unfair trade practice as well as voidable and therefore not acceptable.

- Hence, the said service provider is bound to refund your deposited amount if you have not availed his services . 

- 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

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

You can claim refund on the ground of low progress and looking faith with the company.

Valid ground to demand refund. Non response from them is valid proof to question their credibility, therefore entitle to refund.

Send legal notice.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. There is nothing such as "non-refundable" amount given to a Service provider.  You have to prove that negligence, deficiency & apathy of the service provider to revoke /rescind the service terms.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Since you did not get  positive response to your efforts through email or whats-app mode of communication intimating your decision to withdraw from the proposed agreement to Canada immigration, you should have approached a lawyer and caused to issue a legal notice cancelling your program with them in this connection and demand return of the amount deposited. with them for this purpose.

Even now you can issue a legal notice containing your decision to cancel the proposed immigration entry through them and demand refund of the amount you have paid to them.

2. You may proceed with the suggested steps if you are really  serious about getting back your money

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

1. This is suggestive of deficiency in service at multiple levels.

2. You may initially serve a lawyer's notice to the service provider demanding refund with interest, and if it is yet denied then you can approach the Consumer Forum to demand the same.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Keep asking them these questions in written. No.1 and No.2 you mentioned here.

File RTI for getting ypur status report. They will not provide you with RTI as they have delayed the process, so at that time they may offer you refund 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

issue a legal notice through an advocate to immigration service and file complaint before District consumer court and seek refund along with compensation for mental agony. 

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

Dear Sir,

You are suggested to serve a legal notice and later you may file the police case also for causing the fraud. 

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

This is deficiency in service so you are entitled for the refund in-spite of non-refund clause, send them legal notice first and give them only one month time if not refunded then you are free to take legal action before the competent court and file application before the Consumer Court for non refund of the money with damages as court deem fit.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

1. You should have waited for some more time as there was lockdown or restrictions on travel due to COVID issue.

2. Now I would suggest you to send another mail for continuing your services and ask them to forward your profile to concerned department.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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