If you are stuck in such a situation, here is what to do.

Mr. Alok Sharma, a young professional, had planned a trip to Rampur for an urgent family matter. He booked a hotel through a popular online travel aggregator, “TravelEasy,” for a sum of ₹2,500. However, his travel plans were abruptly halted when he received a notification that his train ticket had been cancelled by the railway authorities at the last minute due to operational issues.

Understanding the unforeseen circumstances, Mr. Sharma immediately contacted the hotel he had booked. The hotel staff were sympathetic and informed him that since the booking was made through TravelEasy, the refund process had to be initiated by the aggregator. Mr. Sharma then tried to contact TravelEasy’s customer service, only to find himself in a frustrating loop with an automated AI chatbot that was incapable of addressing his specific situation. With no way to speak to a human representative, he was left feeling helpless and unsure of how to recover his money.

Advice in such cases

When dealing with unresponsive online service providers, a systematic approach is crucial. Here are the steps you should follow:

• Review the Terms and Conditions: Carefully read the cancellation and refund policy provided by the travel aggregator at the time of booking. Pay close attention to clauses related to ‘force majeure’ or events beyond your control, such as train cancellations.
• Document Everything: Keep a record of all communications. This includes booking confirmations, payment receipts, train cancellation notifications, and screenshots of your chat with the AI assistant. This documentation is vital evidence.
• Send a Formal Written Complaint: Find the company’s official grievance redressal email ID, which is mandatory under Indian law for such businesses. Draft a formal email detailing the entire issue, attaching all relevant documents, and clearly stating your demand for a full refund.
• 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 situation is primarily governed by the Consumer Protection Act, 2019. The key concepts applicable are:

• Deficiency in Service: The failure of the travel aggregator to provide a proper grievance redressal mechanism (like a human customer service agent for complex issues) and process a legitimate refund can be considered a ‘deficiency in service’ under the Act.
• Unfair Trade Practice: If the company’s policies are hidden, one-sided, or designed to make it difficult for consumers to claim refunds, it could be categorised as an ‘unfair trade practice’.
• Liability of Intermediaries: Online travel aggregators act as intermediaries between the customer and the hotel. The Consumer Protection Act, 2019, has clear provisions that hold such intermediaries liable for failures in service.

If you are the complainant

As the person who has suffered the loss and is filing the complaint, you need to be proactive.

• Compile Your Evidence: Gather all documents, including booking details, cancellation proof, and communication records.
• Send a Legal Notice: Through a lawyer, send a formal Legal Notice to the registered office of the travel aggregator. This notice outlines your grievance, the legal provisions they have violated, and a specific timeframe (usually 15 or 30 days) to refund the amount, failing which you will initiate legal proceedings.
• File a Consumer Complaint: If the company fails to respond to the legal notice, you can file a complaint before the appropriate Consumer Disputes Redressal Commission. This can be done online through the e-Daakhil portal.
• 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

If you find yourself in this position, here is how you should proceed to protect your interests.

• Preserve Communication: Do not delete any emails, messages, or app notifications related to the booking and cancellation. Take screenshots of chatbot conversations immediately.
• Check Grievance Policy: Visit the company’s website and find their ‘Grievance Redressal Policy’. Follow the steps mentioned there first, as this shows you have exhausted all available remedies before approaching the court.
• Do Not Accept Vague Promises: If you manage to speak to someone, do not be satisfied with verbal assurances. Insist on written confirmation via email for any resolution offered.
• 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

It is important to understand that this is a consumer dispute, which is civil in nature. The police will generally not register an FIR for such matters, as it does not typically fall under the category of a criminal offense. They will likely advise you to approach the Consumer Court. However, if there is a clear element of widespread and intentional fraud or cheating (for instance, the company is a sham entity that takes money without providing any service), a complaint could potentially be filed for cheating under Section 316 of the Bharatiya Nyaya Sanhita (BNS), 2023. Nevertheless, for a straightforward refund dispute, the consumer court is the correct and most effective forum.

FAQs people normally have

• Can I file a complaint in the consumer court by myself?
  Yes, you can file a complaint on your own without a lawyer. The procedure is designed to be consumer-friendly. However, having a lawyer ensures that your complaint is drafted correctly and all legal nuances are covered, which increases the chances of a favourable outcome.
• What is the time limit for filing a consumer complaint?
  A consumer complaint must be filed within two years from the date on which the cause of action (e.g., the date the refund was refused) arose.
• Where do I file the complaint?
  The jurisdiction of the Consumer Commission depends on the value of the goods or services paid as consideration:
  • Up to ₹50 lakh: District Consumer Disputes Redressal Commission.
  • More than ₹50 lakh and up to ₹2 crore: State Consumer Disputes Redressal Commission.
  • More than ₹2 crore: National Consumer Disputes Redressal Commission.

What evidence is required?

To build a strong case, you will need the following evidence:

• The booking confirmation email or voucher from the travel aggregator.
• Proof of payment (bank statement, credit card statement, UPI transaction ID).
• The official communication of the train/flight cancellation from the authorities.
• Screenshots or transcripts of all communication with the aggregator’s customer service, including AI chatbot logs.
• A copy of the legal notice sent to the company and the postal receipt.
• Any other relevant correspondence with the hotel or the aggregator.

How long will the investigation take?

The Consumer Protection Act, 2019, mandates a speedy resolution process. The Act states that every complaint shall be heard as expeditiously as possible, with an endeavour to decide the complaint within three months from the date of receipt of notice by the opposite party. If the case requires laboratory testing, the period is extended to five months. However, in practice, due to the high volume of cases, proceedings can sometimes take longer, ranging from 6 to 18 months. Having a lawyer can help in navigating the procedures efficiently and avoiding unnecessary delays.

Advocate Sudhir Rao, Supreme Court of India