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.
TL;DR: When a travel portal cancels your hotel booking and doesn't refund despite promises, you can file a consumer complaint for deficiency in service. A legal notice often speeds things up, and a consumer forum can order a refund with interest and compensation.
A calm evening in Kochi. Arjun Mehta sat scrolling through travel deals and booked a weekend stay at Golden Sands Beach Resort, Kovalam. Goibibo showed a neat discount. He paid Rs. 5,845 on 18 March 2025, got an instant confirmation, and started packing his bag. Bus tickets were already sorted. This was years of waiting for a short break. Then the email arrived. The resort had cancelled. Operational reasons, they said. Goibibo's message was concise: “The amount you paid will be refunded.” Arjun waited. And waited. Two weeks passed, then three. No money. He called customer care. A polite voice generated ticket IDs. Again. And again. Six IDs in two months. He filed a complaint on the National Consumer Helpline — that too went into the same silence. Every time he chased, a fresh request number was emailed. The refund stayed invisible. Frustrated, Arjun approached the Chamber of Advocate Sudhir Rao. The client had already done what most people do: trusted the system, waited, and documented the stonewalling. But the matter needed a different gear. Advocate Sudhir Rao and his office examined the booking terms, the cancellation email, and the entire communication trail. They identified clear deficiency in service under the Consumer Protection Act, 2019 — the promise to refund was never honoured, and the portal kept deflecting accountability. A legal notice was drafted and dispatched to Goibibo and the resort. It demanded refund with 18% interest, compensation for mental agony, and litigation costs. When neither party complied, a consumer complaint was drafted and filed before the District Consumer Disputes Redressal Commission in Ernakulam. The Commission, after hearing arguments on deficiency and unfair trade practice, directed refund of the booking amount with 9% interest from the date of cancellation and Rs. 10,000 as compensation.Key Facts of the Case
- Booking made via Goibibo for Golden Sands Beach Resort, Kovalam, on 18 March 2025 for Rs. 5,845.
- The resort cancelled the booking unilaterally; Goibibo assured a refund in writing.
- No refund was processed for over two months despite multiple ticket IDs and a National Consumer Helpline complaint.
- The client preserved booking confirmation, cancellation email, bank statement, and screenshot evidence.
- A legal notice sent by the office of Advocate Sudhir Rao to both the portal and hotel went unanswered.
- Consumer complaint was filed before the District Commission alleging deficiency in service and unfair trade practice.
- The Commission awarded refund with 9% interest and Rs. 10,000 compensation for harassment.
The Direct Legal Answer
Can I take legal action if a travel portal cancels my booking and refuses to refund?
Yes. This is a clear deficiency in service. You can send a legal notice demanding refund with interest and compensation. If they fail to comply, you can file a consumer complaint before the District Consumer Disputes Redressal Commission. The forum can order refund, interest, compensation for mental agony, and litigation costs.
How do I send a legal notice?
Draft a notice through an advocate, clearly stating the facts, the amount paid, the cancellation, the promise to refund, and the unreasonable delay. Demand specific relief: refund, interest, compensation, and costs. Serve the notice to the registered office of the portal and the hotel. Keep proof of delivery. If they ignore it, you have strong grounds to approach the consumer forum.
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.
Don't keep waiting for customer care to act. File a formal complaint on the National Consumer Helpline as a first step, but don't rely solely on it. Preserve every piece of communication — emails, tickets, call recordings if any. And here's the thing: these matters involve e-commerce platforms and service providers, so the forum's jurisdiction and the proper parties to implead can get tricky. An advocate who regularly handles consumer disputes will know exactly how to structure the complaint.
Applicable Sections of Law
The Consumer Protection Act, 2019 governs such disputes. Section 2(7) defines “deficiency” — any fault, imperfection, shortcoming in the quality or manner of performance of a service. Section 2(47) brings e-commerce transactions within the Act’s ambit. Section 47 gives the District Commission jurisdiction up to Rs. 1 crore. If you want to explore mediation before litigation, Section 84 allows referral to mediation. The limitation for filing is two years under Section 69.
Jurisdiction — Where to File the Case
A consumer complaint can be filed in the District Consumer Disputes Redressal Commission where the complainant resides, or where the cause of action arose — in this case, either the place where the booking was made (from your computer or phone) or where the portal’s registered office is located. Pecuniary jurisdiction: if the claim (refund plus compensation and interest) does not exceed Rs. 1 crore, the District Commission hears it. Filing in the wrong forum can waste time, so confirm jurisdiction before you proceed.
Limitation Period
You have two years from the date the cause of action arose — typically the date of cancellation or the date when the refund was first promised but not processed. The clock starts when the deficiency becomes apparent. If you miss the two-year window, you can seek condonation of delay by explaining the reason, but the Commission doesn't always grant it. Don't sit on your rights.
Interim Reliefs Available
Consumer forums can grant interim orders under Section 38 of the Consumer Protection Act, 2019 to preserve the status quo or prevent further harm. In a refund case, you typically won't need a drastic interim order, but you can ask the Commission to direct the opposite party to preserve the transaction records and communication logs. That stops them from suddenly claiming data loss later. Interim reliefs aren't automatic; you'll need to justify urgency.
If You Are the Victim
- Gather and preserve all digital evidence immediately — don't assume the portal will keep records.
- File a complaint on the National Consumer Helpline first; it creates an official record.
- Send a legal notice through an advocate before going to court; it often forces a settlement.
- File the consumer complaint within two years from the cancellation or the first refusal to refund.
- Don't accept partial refunds or travel vouchers unless you're genuinely okay with them — once you accept, the dispute may be considered settled.
Documents You Must Keep Ready
- Booking confirmation email or SMS from the travel portal.
- Cancellation email clearly stating the reason (or lack of it).
- Bank statement or credit card transaction showing the payment.
- Screenshots of the booking page showing the refund policy at the time of booking.
- All email threads and customer support ticket IDs.
- National Consumer Helpline complaint number and acknowledgement.
- Identity proof (Aadhaar, PAN) for filing the complaint.
- Proof of delivery of legal notice (speed post tracking or courier receipt).
What Evidence Is Required?
- Primary evidence: the booking confirmation, cancellation notice, and bank record of payment — these directly prove the transaction and the deficiency.
- Email and chat transcripts: admissible as electronic records under the Indian Evidence Act if properly certified.
- Screenshots of the refund promise and subsequent follow‑ups.
- Call recordings, if any, are useful but need certification under Section 65B of the Evidence Act.
- Proof of financial loss: bank statement showing no refund credit despite the assurance.
- Testimony of anyone who witnessed your repeated attempts to contact the portal can support mental agony claims.
- Secondary evidence like your own notes on dates and times of calls, though not as strong, still helps fill narrative gaps.
How Courts Typically Approach Such Cases
Consumer forums view these matters through a pro‑consumer lens. When a travel portal cancels a booking and sits on the refund, that's a textbook case of deficiency. Forums are quick to see the unfair trade practice angle if the portal continues to hold funds without service. They won't accept vague “operational issues” as a defence unless the hotel or portal proves force majeure. And even then, the duty to refund remains absolute. The Commission also frowns on stonewalling through endless ticket IDs — this is where a well‑argued case can get you compensation beyond the refund amount.
Timeline of Legal Process
- Draft and send legal notice: 1–2 weeks. The opponent gets 15–30 days to respond.
- If no resolution, prepare and file consumer complaint. Admission hearing usually within 21 days of filing.
- Issuance of notice to opposite party and filing of their written version: 30–45 days.
- Evidence by affidavit, rejoinder if needed: another 4–6 weeks.
- Final arguments and judgment: typically within 3–6 months from first hearing, though contested matters can stretch longer.
- Execution of order if opposite party doesn't voluntarily pay: can be initiated immediately after the order, and the Commission can enforce it.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes. Many such disputes settle at the legal notice stage. The portal might offer the refund with interest just to avoid litigation. Even after filing, the consumer forum can refer the matter to mediation under Section 84 of the Consumer Protection Act, 2019. Mediation is confidential, quick, and you retain control over the outcome. Lok Adalat is also an option if both parties agree. Settlement works best when you hold strong evidence and the opponent realises a Commission order could cost them more — including reputational damage and higher compensation. Don't be in a hurry to settle for a bare refund if you've suffered real inconvenience.
Common Mistakes People Make
- Waiting for months assuming the portal will eventually refund on its own, without preserving evidence systematically.
- Deleting emails or screenshots because "customer care said they've already noted it."
- Filing a consumer complaint without first sending a legal notice — a notice often resolves things faster and gives you proof of pre‑litigation demand.
- Not impleading the hotel along with the travel portal; the hotel is often the party that cancelled, and the portal is the party holding your money. Both can be made liable.
- Accepting a travel voucher or partial refund without a written settlement — this can be interpreted as full and final.
- Engaging an advocate who doesn't regularly handle consumer disputes. Domain‑specific experience matters: an advocate who knows e‑commerce patterns and the consumer forum's functioning will structure your complaint to anticipate defences and push for compensation, not just refund.
FAQs People Normally Have
Can I file a complaint directly in the consumer forum without a legal notice?
Yes, you can. But a notice often prompts the portal to settle, and if they ignore it, the notice becomes valuable evidence of their refusal. It also satisfies a common procedural expectation of the forum.
Can I claim compensation for mental agony in addition to the refund?
Absolutely. The law recognises that being without your money for months and chasing customer care is stressful. The forum can award compensation over and above the refund amount, at its discretion.
What if the travel portal blames the hotel for not refunding?
The portal collected your payment. You have a contract with the portal. Under the Consumer Protection Act, the portal cannot escape liability by pointing fingers at the hotel. You can sue both and let them sort out their internal arrangements.
Is there a court fee? Will it be expensive?
The court fee for a consumer complaint is minimal — for claims up to Rs. 5 lakh, it's often a few hundred rupees. The major expense is the advocate's fee, which varies. A consultation will give you a clear estimate.
How long does a consumer complaint take to get resolved?
If the opposite party doesn't contest vigorously, a simple refund case can conclude in 3–6 months. Contested matters may take a year or more. The Consumer Protection Act mandates time limits, but actual duration depends on the case load of the particular Commission.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India