If you are stuck in such a situation, here is what to do.
Mr. Alok Sharma recently faced a frustrating situation with a travel booking company. He had booked bus tickets through “Travel India Pvt. Ltd.” for a round trip from Jaipur to Udaipur for himself and his family of four. The onward journey was scheduled for the 10th of September, and the return was for the 12th of September. On the day of the journey, he received a notification that the bus was cancelled by the operator and a refund had been initiated for that leg of the trip. When he tried to book an alternative bus, that booking was also cancelled shortly after confirmation. Consequently, his entire trip was ruined.
The problem was compounded when he attempted to cancel the return ticket for the 12th of September. The company’s portal displayed an error, stating the cancellation window had closed. Despite sending emails to Travel India Pvt. Ltd.’s customer support and filing a grievance on a national consumer portal, he received no satisfactory resolution, and the case was closed. The total amount at stake was approximately ₹6,000 for the round trip. This situation highlights a clear case of deficiency in service by the booking aggregator and the bus operator.
Advice in such cases
Document Everything: Keep a record of all communications. This includes booking confirmations, cancellation messages, screenshots of the cancellation error, emails sent to customer care, and any reference numbers from grievance portals.
Formal Complaint: If initial attempts fail, send a formal legal notice to the company’s registered office. This notice should detail the entire sequence of events, the financial loss, the mental anguish caused, and a clear demand for a full refund and compensation.
Consumer Forum: If the legal notice does not yield a positive response, the next step is to file a complaint with the District Consumer Disputes Redressal Commission. You can file this for deficiency in service and unfair trade practices.
Social Media: Sometimes, highlighting the issue on social media platforms and tagging the company can expedite the resolution process as companies are often protective of their public image.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Applicable Sections of Law
This case is primarily governed by the Consumer Protection Act, 2019. Key concepts include:
Deficiency in Service [Section 2(11)]: The cancellation of the bus without providing a viable alternative and then refusing to refund the return ticket amount clearly constitutes a deficiency in the service promised by “Travel India Pvt. Ltd.” and the bus operator.
Unfair Trade Practice [Section 2(47)]: The company’s policy of not allowing cancellation of a return ticket when the onward journey was cancelled by them can be argued as an unfair trade practice, as it imposes an unjustifiable cost on the consumer.
Consumer Rights [Section 2(9)]: The right to be informed about the quality, quantity, potency, purity, standard, and price of goods, products or services, and the right to be heard and to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers are violated here.
If you are the complainant
Gather All Proof: Systematically arrange all your documents: e-tickets, payment receipts, bank statements showing the transaction, cancellation SMS/emails, and all correspondence with the company.
Draft a Legal Notice: A well-drafted legal notice is often the first step. It shows the company that you are serious about pursuing legal remedies. It should clearly state your claim for the refund and compensation for the inconvenience and mental harassment.
File a Consumer Complaint: If the notice is ignored, file a complaint before the appropriate Consumer Commission. The jurisdiction will depend on the value of the claim and the location of the parties. For a claim of ₹6,000, the District Commission is the appropriate forum.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
If you are the victim
Act Promptly: Do not delay in taking action. There are limitation periods for filing complaints, so it is crucial to act swiftly.
Preserve Evidence: Do not delete any digital communication. Take screenshots of everything, including the error message on the website or app.
Quantify Your Loss: Calculate not just the ticket amount but also any other consequential losses. For instance, if you had a non-refundable hotel booking at the destination, that could also be part of your claim.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
How the police behave in such cases
The police generally do not intervene in such matters as they are considered civil disputes related to consumer services, not criminal offenses. This is a classic case of a consumer dispute, and the appropriate remedy lies with the Consumer Commission, not the police. Police involvement would only be warranted if there is a clear element of criminal fraud, cheating, or criminal breach of trust that can be proven, which is a higher threshold. For a simple failure to provide service and refund, the police will direct you to the consumer courts.
FAQs people normally have
What evidence is required?
The original bus tickets (e-tickets).
Proof of payment (bank statement, credit card statement, or digital wallet transaction history).
The cancellation notification received from the company (SMS or email).
Screenshots of the error message when trying to cancel the return ticket.
Copies of all emails and communications with the company’s customer service.
A copy of the legal notice sent and its postal receipt.
Any reference number from grievance portals and the status of the complaint.
How long will the investigation take?
This is not a police investigation. The process in the Consumer Commission involves filing a complaint, after which the Commission issues a notice to the opposite party. The opposite party files their reply, evidence is led by both parties, and then arguments are heard before a final order is passed. While the Consumer Protection Act, 2019, aims for speedy disposal, a case in the District Commission can take anywhere from 6 months to over a year to reach a final decision, depending on the complexity and the caseload of the Commission.
Advocate Sudhir Rao, Supreme Court of India