Legal Question in Immigration Law in India

I applied at wwics group of consultancy in 2015, provided all the documents of proceeding till day jan2016, Also paid the amount worth rs 1 lakh 5 thousand INR. As the file had to be submitted in the first week of February...but because of some family constraints we decided not to further proceed for the immigration process n took back our file of submission before its final date.

Later on we demanded our amount to be refund back as we didn't applied evn for that process in 2016.

Some other reasons were also there to not proceed with wwics group because they didn't intimated us properly about all the facts which we studied later on the government site of immigration for the same program.

In 2018, I was in need of money for some medical emergency , so I requested them to refund my amount.

In September 2019, after so many sittings mental pressure n hardships ,they made me to sign their consent of letter for refunding few of my amount.

I signed it with the hope of getting my amount.

Till date m suffering. They always delayed the payment by one or the other reason.

In February 2020 they handed over the check to me with the mentioned date of next two months if april.n when the April month came they cancelled my payment by making me a call not to proceed for check payment because of insufficient amount in the account.

I am seriously frustrated.

Please kindly help me, guide me to drag these fraud group into the imprisonment.

Asked on 5/02/20, 11:08 pm

1 Answer from Attorneys

Vishwa Arya Arya & Co.

Since it is noted from above that you had made the payment to the group in 2015. Please note that the statue of limitation i.e. Limitation Act provides a period of three years from the date of cause of action for recovery. The period could have extended if there is a written acknowledgment of debt, during the said period of three years. But, in your case, even The consent letter for refund of money is in September 2019 which is after expiry of period of three years. It seems that you requested them to not to process in Feb 2016 and later you demanded back your money. So, even if take that cause of action was in Feb 2016 by asking for refund, the acknowledgment in Sept 2019 does not help. It also appears that the group was conscious of what they were doing by dilly delaying the matter and eventually by writing a stale cheque. Your only remedy will be to try to give the transaction a colour of Criminality. Make a complaint to the police station of your area giving the details and make the complaint against the group and its directors for having cheated on you. In case the police registered it as an FIR, you surely will get the refund. If police does not, then file an application u/s 156(3) Cr PC before the magistrate in court of your area. The complaint may be filed through an advocate. You may seek free legal aid from the office of State legal services authority, if eligible. However, all women, irrespective of their economic background and all handicap persons are eligible to get the free legal aid.

Vishwa Bhushan Arya

Read more
Answered on 5/02/20, 11:45 pm

Related Questions & Answers

More Immigration Law questions and answers in India