One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X booked four tickets worth Rs. 8,000 through X.platform for a cultural event scheduled in City A on DD/MM/YYYY. The event was suddenly cancelled by Y.company due to venue issues. When Mr.X contacted X.platform for a refund, they initially agreed but later refused citing their terms and conditions. Subsequently, Mr.Z, the event manager from Y.company, began making frequent threatening calls to Mr.X, demanding he withdraw his refund request and accept event credits instead. The calls escalated to verbal abuse and threats of legal action against Mr.X’s family. Mr.X approached our firm seeking both refund of his money and action against the harassment. We filed a consumer complaint and criminal case simultaneously, securing both relief and compensation for Mr.X within six months.

Advice in Such Cases

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 to 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.

Document all communications including emails, messages, call recordings if possible. File a consumer complaint immediately as booking platforms cannot refuse legitimate refunds for cancelled events. Report harassment to cyber crime cell if threats continue. Demand written explanation for refund denial and escalate to senior management of the booking platform.

Applicable Sections of Law

Under Bharatiya Nyaya Sanhita (BNS), Section 351 deals with criminal intimidation, Section 356 covers defamation through threatening calls. Section 318 addresses cheating by dishonestly refusing rightful refunds. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 enables filing complaints for harassment, while Section 182 covers cognizable offences. Consumer Protection Act 2019 provides additional remedies for unfair trade practices. Information Technology Act addresses cyber harassment and threatening communications through digital platforms.

If You Are the Complainant

File consumer complaint within District Consumer Forum highlighting unfair trade practice and deficiency in service. Submit all booking confirmations, cancellation notices, email correspondence, and call records as evidence. Request both refund with interest and compensation for mental harassment. Report criminal intimidation to local police station under relevant BNS sections. Approach cyber crime cell if harassment involves digital communications or threatens online reputation damage.

If You Are the Victim

Immediately stop all direct communication with the harassing party and route everything through written channels. Record all threatening calls using call recording apps where legally permissible. File FIR for criminal intimidation if threats escalate beyond refund disputes. Seek restraining order through court if harassment affects family members. Document financial losses including time wasted, mental stress, and opportunity costs. Contact banking ombudsman if payments were made through credit cards for chargeback possibilities.

How the Police Behave in Such Cases

Police typically treat these as civil disputes initially and may suggest mediation. However, when harassment and criminal intimidation elements are present, they register FIR under relevant sections. Cyber crime cells are more responsive to digital harassment complaints. Police may call both parties for counselling before formal proceedings. Documentation strength significantly influences police response and willingness to investigate thoroughly.

FAQs People Normally Have

Can booking platforms refuse refunds for cancelled events? No, legitimate refunds for cancelled events cannot be refused under consumer protection laws. Is verbal harassment over phone a criminal offence? Yes, criminal intimidation and threatening calls constitute cognizable offences under BNS. How long do consumer complaints take? District forums typically resolve cases within 6-12 months depending on complexity and evidence quality. Can I claim compensation beyond refund amount? Yes, mental harassment, time loss, and inconvenience can attract additional compensation in consumer forums.

What Evidence Is Required?

• Original booking confirmation and payment receipts from the platform
• Event cancellation notice or communication from organizers
• Email correspondence regarding refund requests and platform responses
• Call recording of harassing conversations (where legally permissible)
• Screenshots of threatening messages or social media communications
• Bank statements showing original payment and non-receipt of refund
• Witness statements if harassment occurred in presence of others

How Long Will the Investigation Take?

Consumer forum proceedings typically conclude within 6-12 months for straightforward cases. Criminal investigation for harassment may take 3-6 months depending on evidence quality. Cyber crime investigations can extend longer if digital forensics are required. Parallel proceedings in consumer forum and criminal court can expedite overall resolution and increase pressure on defaulting parties.

Advocate Sudhir Rao, Supreme Court of India