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Ashish Singh (project engineer)     26 May 2014

Please suggest (money recovery)

Hi Everyone ,

I have been previously helped by lawyers club , i really appriciate the forum . Unwantedly  I am again in a situation where i need your suggestions .

I applied my brothers visa last month thru a travel agent by making advance payment of Rs 10,000 . Visa was refused and without my prior permission agent kept applying for visa again and again keeping me in dark ( i made them very clear on first refusal that i dont want visa now ) 

For one month he kept troubling me by false statements , half of the time they dint pick my calls neither they updated me the status .When i visited his office to collect passport he assured me that he wont charge anything and will refund my whole amount as it was his mistake due to which i had to suffer .

Till now he have not refunded my amount , neither he is picking my call nor he is replying to my messages . When i visited his office his tone changed telling that u dont need to come here . I will deposite my self . Can i file a case in Consumer court ,what are the chances suing him ?

 

Please suggest the money i gave him are hard earned and i want to teach lesson to such people

 

Regards 



Learning

 6 Replies

Sudhir Kumar, Advocate (Advocate)     26 May 2014

it is not clear whether the contrat was legal /illegal, whether the contract was there to defeat provision of law or whether you were prevented by law from approaching the embassy direct for VISA.

 

however, even if you employed his services as a run around boy still you can go to consumer court.

1 Like

Ashish Singh (project engineer)     26 May 2014

Sir,

As my brother was out of delhi and i had my office so went to him .I have his watsapp reply stating he have deposited my visa , my account statement showing transaction of amount ... i dont have recording of our phone calls but i have recorded a vedio of him confessing he will not charge me . 

I don't have any proof where it is stated that he applied for visa against my permission

Sudhir Kumar, Advocate (Advocate)     27 May 2014

why was he needed to get visa why could not approach embasy directly.

Ashish Singh (project engineer)     27 May 2014

It takes time and also i am not familiar with the process of visa application . Is it a concern appointing agent to submit your documents on your behalf ?? 

I think it is a normal process that is being followed just like we book our tickets thru agents .

Advocate Bhartesh goyal (advocate)     28 May 2014

you can approach Consumer Forum for your grievances but you have to prove by cogent evidence that after having refused visa once by concerned embassy agent applied again without your consent.

Sudhir Kumar, Advocate (Advocate)     28 May 2014

Based on the existing facts I tentatively agree with Mr Goyal ex cept the fact that the querist never said that the person was embassy agent.

 

He has not disclosed true nature of contract.


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