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I wanted to pursue a degree in MBA in Australia, so I contacted an agency that promised to get me the admission or else return 90 per cent fee. Neither did I get admission nor refund. What do I do? I hope you have a receipt or some other proof of payment. Enclose a photocopy and if you have signed any agreement with them, that too. Formally ask them to return your money. If they fail to do so, you will have to approach the consumer court. Consumer courts have ensured that the consumer gets back the money paid and also compensation for the loss or harassment caused . In Genesis Immigration vs Arun Williams (RP No 3795 of 2011, decided on February 22, 2012), the National Consumer Disputes Redressal Commission upheld the decision of the lower consumer courts, directing Genesis Immigration and Param Consultants to refund the complainant Rs 2,67,558 with 6% interest and pay Rs 50,000 as compensation. The complainant in this case had hired the services of the two consultants to get admission in a college in Australia and also the relevant student visa. On getting an offer letter for admission to a college, he had deposited Rs 2,67,000 as admission fee and paid Rs 50,000 for the service rendered by the agencies. He was to pay another Rs 50,000 after obtaining the visa. However, he could not leave for Australia as his visa application was not even submitted to the Australian High Commission by the agencies. When he tried to get a refund from the college, he was told that the college would refund the fee only if the visa application was rejected. The consumer courts in this case agreed that the services of the consultants were deficient and therefore they had to be held jointly liable. My wife works and lives in Canada. I have not been able to get a visa. My application for a visa was rejected twice, I hired a visa consultant to help me, but they never sent my application. Can I get a refund? The agency is clearly guilty of unfair trade practice. It is also liable for deficient service. You can file a complaint (under the Consumer Protection Act ) against the agency seeking a refund as well as compensation. You need to file the complaint before the consumer court at the district level, depending on the location. In Avtar Singh Randhawa vs Worldwide Immigration Consultancy Services (RP NO 45 of 2007, decided on September 22, 2011) the National Commission directed the agency to pay back the consumer, the fee of Rs 25,000 along with 6% interest. The consumer claimed the service provider had not told him he did not qualify for the immigration visa and he had wasted three years waiting. The Commission took into consideration the fact that there was no decision on it either for the last 10 years and directed the agency to refund the fee.
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