Legal Question in Employment Law in India

Not taking to USA

Dear Sir

I am an computer engineering graduate and had got selected by a USA based software company which is run by small group of indians. I and other 2 of my friends paid Rs.50k as visa processing fee to that company. The mistake we have done was we paid it by cash and received no receipt. It is because of the beleif we got on them. The comapny gave us visa later and not shown interest with regard to take us to USA thereafter. we have sent many emails, made phone calls met in person but no response from them. Finaly we have sent a legal notice to them asking for adequate compensation. But now the say that we have not paid any money and also say we have not reported to duty at USA and responded for thier query. This is totally untrue as we got the emails sent to them asking about our USA duty, they are received by them but none got replied. Whether these emails can help us?. Kindly advise me this regard. Thanks


Asked on 3/07/03, 1:54 am

1 Answer from Attorneys
Kaushik Chowdhury Kaushik Chowdhury Associates

Re: Not taking to USA

A few questions- It appears that there is no dispute regarding the co's duty to take out a Visa in your/ your friends names. You have paid Rs. 50K and they have completed their side of the agreement by getting the visa out. The only dispute if any, appears to be that they are not paying your fare to the USA. Was it their duty to do so? Do you have any document in your possession to that effect? Was the cash payment made in Rupees in India-to whom was it paid? Does the co have any presence/ office/ agent in India?

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Answered on 3/10/03, 5:31 am


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