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 approached me with a distressing case involving XYZ Travel Agency based in City A. His family of seven members, including elderly grandparents and a one-year-old baby, had booked an Urbania traveller for a two-day trip to City B. The quoted package was ₹44,000 including tolls and driver charges with a 1000 km travel limit. After paying ₹20,000 as advance on DD/MM/YYYY, the family started their journey at midnight. However, the travel agency failed to provide the promised services, including proper vehicle maintenance, experienced driver, and adherence to the agreed route. The vehicle broke down multiple times, causing significant inconvenience to the elderly passengers and the infant. Additionally, the agency demanded extra charges beyond the agreed amount, citing false reasons. The family’s vacation was completely ruined, and they faced harassment from the agency representatives when they raised complaints about the substandard services provided.

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 with the travel agency including booking confirmations, payment receipts, and WhatsApp conversations
• File a complaint with the District Consumer Forum under the Consumer Protection Act for deficiency in services
• Preserve all evidence of the substandard services including photographs of the vehicle condition and witness statements from family members

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), several sections apply to travel agency disputes:

• Section 316 BNS – Criminal breach of trust when agency misuses advance payment
• Section 318 BNS – Cheating by dishonest concealment of facts about service quality
• Section 351 BNS – Criminal intimidation if agency threatens customers

Under Bharatiya Nagarik Suraksha Sanhita (BNSS), you can file complaints and the police must register FIR for cognizable offenses. Consumer Protection Act 2019 also provides comprehensive remedies for service deficiencies in travel and tourism sector.

If You Are the Complainant

• Gather all booking documents, payment proofs, and correspondence with the travel agency
• File a complaint with the District Consumer Forum within two years of the incident
• Approach the tourism department of the state where the agency is registered
• Lodge a police complaint if criminal breach of trust or cheating elements are present
• Demand full refund of advance payment plus compensation for mental harassment and inconvenience caused

If You Are the Victim

• Immediately document all damages suffered including photographs of vehicle condition and medical expenses if any
• Send a legal notice to the travel agency demanding refund and compensation within 15 days
• File complaint with consumer forum seeking compensation for mental agony and financial loss
• Report to local police if agency refuses to refund money or threatens you
• Contact other customers who might have faced similar issues to strengthen your case

How the Police Behave in Such Cases

Police typically treat travel agency disputes as civil matters initially and may be reluctant to register FIR. However, when elements of criminal breach of trust, cheating, or intimidation are clearly established, they must register the complaint. Police investigation usually focuses on examining the contract terms, payment records, and evidence of service deficiency. They may call both parties for inquiry and attempt reconciliation before proceeding with formal investigation.

FAQs People Normally Have

Q: Can I get my advance payment refunded?
A: Yes, you can claim full refund through consumer forum or civil court if agency fails to provide promised services.

Q: How long does consumer forum case take?
A: District consumer forums typically dispose of cases within 3-5 months of filing.

Q: Can I claim compensation for mental harassment?
A: Yes, consumer forums regularly award compensation for mental agony caused by service deficiency.

Q: Is police complaint necessary?
A: Police complaint becomes necessary when criminal elements like cheating or breach of trust are involved.

What Evidence Is Required?

• Original booking confirmation and contract documents
• Payment receipts and bank transfer details
• WhatsApp chats and email communications with agency
• Photographs of vehicle condition and service deficiencies
• Witness statements from family members who traveled
• Medical certificates if anyone fell sick due to poor service
• Receipts of additional expenses incurred due to agency’s fault

How Long Will the Investigation Take?

Consumer forum proceedings typically conclude within 3-6 months. Police investigation, if FIR is registered, may take 2-4 months depending on complexity. Civil court proceedings for breach of contract can extend up to 1-2 years. However, interim relief can be sought for immediate refund of advance payment to avoid prolonged financial hardship.

Advocate Sudhir Rao, Supreme Court of India