• Company not returning security deposit

Hello Experts,

I am from Delhi, and i need your advice. There is a registered staffing company based in Channai offered me position IN USA and asked me to deposit Rs50,000 in return as a security deposit while the visa is processing, with the offer they provided a contract and receipt with company seal and signed by director. In contract it was mentioned that due to some issue if visa is not granted by US authorities, all the security deposit will be refunded within 3-6 months.My visa was not approved, and i am asking for refund since 6 months But now people in company are not responding. i want to know what legal actions i can take against the company and director.

Thanks
SUnil Kumar
Asked 1 year ago in Criminal Law from Noida, Uttar Pradesh
Religion: Hindu
1. Issue a lawyer's notice to company to refund the money.

2. If the amount is not repaid even after the notice from your lawyer then file a lawsuit for recovery in the court against the company to seek the principal amount with interest.

3. You can also file a criminal case for breach of trust and cheating against the company.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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Hello,
1) First of all you need to issue a legal notice to the company asking to refund the amount immediately or face legal consequences.

2) If the company fails to meet the demands you will have to file suit for recovery against the company in Chennai. In addition to the amount you paid you can seek interest, compensation for the mental torture and legal costs.

3) Make it clear to the company in the notice that you are left with no option but to approach the courts and it will be held liable for all costs and consequences.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
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On the basis of their T&C, they are bound to refund  the security deposit held by them owing to failure to process the visa.  If they have not responded to your leter or requests to refund the amount, you  may issue a legal notice quoting the relevant clauses for refund and demand the  refund immediately or else you may proceed for recovery either through recovery of suit or consumer forum  for deficiency of service as well as for compensation for mental tortures. 
You may take the help of local lawyer and send a notice first demanding refund of the security deposit amount held by them. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
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You need to send a legal notice to the company for refund of your money , simultaneously file a criminal complaint for cheating at police station in Noida. 
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
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