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

I am feeling utterly lost and frustrated after this ordeal. I had booked a 12-day stay at Paradise Villa in Manali for a relaxing getaway and paid ₹1,20,000 in advance from my savings. Due to some urgent family issues, I needed to reschedule, and the owner, Mr. Vikram Singh, initially assured me it was fine and that we could adjust the dates later.

But since then, it’s been total silence. My phone calls aren’t picked up, messages are read but ignored, and there’s no word on a refund or new dates. It’s as if my payment vanished into thin air, leaving me stressed and anxious. This isn’t just about the money—it’s the disrespectful way I’m being treated, making me feel powerless. I lose sleep worrying about this loss and want to know how to recover my funds and prevent others from facing the same issue.

Advice in such cases

• Document Everything: Keep records of all communications, payment receipts, booking confirmations, and any agreements regarding rescheduling. Screenshots of unread or ignored messages can serve as evidence of non-responsiveness.
• 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.
• File a Complaint: Approach the local police station to lodge a report under relevant sections for cheating or fraud, or escalate to consumer forums if it’s a service-related dispute.
• Seek Refund Channels: If booked through an online platform, contact their support for mediation; otherwise, send a legal notice demanding refund within a stipulated time.

Applicable Sections of Law

• Section 316 of Bharatiya Nyaya Sanhita (BNS), 2023: This covers cheating by inducing delivery of property through deception, applicable if the owner intentionally misled you about the rescheduling and refund to extract payment without intent to provide services.
• Section 173 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Governs the registration of First Information Report (FIR) for cognizable offenses like cheating, allowing police to investigate promptly.
• Consumer Protection Act, 2019: Sections 2(9) and 2(47) define unfair trade practices and deficiency in services, enabling filing of complaints with district consumer commissions for refunds and compensation without needing a lawyer initially.

If you are the complainant

As the person who made the advance payment and is seeking recovery, start by sending a formal legal notice via registered post or email to the owner demanding refund within 15 days. If ignored, file an FIR at the nearest police station citing cheating under BNS Section 316. Simultaneously, approach the District Consumer Disputes Redressal Commission with evidence of the transaction and non-delivery of services. Track the complaint status through online portals provided under BNSS for transparency.

If you are the victim

In cases like this, where you’ve been financially duped under false pretenses, preserve all digital and physical proof immediately. Report the incident to cyber cells if online booking was involved, as it may fall under digital fraud provisions. Avoid direct confrontations; instead, let authorities handle investigations to ensure your safety and build a strong case for restitution.

How the police behave in such cases

Police typically register the FIR if prima facie evidence of cheating exists, then conduct preliminary inquiries by summoning the accused for questioning. They may visit the property site for verification and collect statements from witnesses. In smaller cases, resolution might happen through mediation, but persistent non-cooperation leads to formal charges and arrests under BNSS procedures. Expect some delays in rural areas, but urban stations are more responsive.

FAQs people normally have

• Can I get my money back without going to court? Yes, through consumer forums or police mediation, which are faster and less formal than civil suits.
• What if the owner claims bankruptcy? Provide evidence to counter; courts under BNS prioritize victim restitution from any assets traced.
• Is this considered a criminal offense? If deceit is proven, yes, under BNS Section 316; otherwise, it may remain civil for breach of contract.

What evidence is required?

Key evidence includes payment proofs like bank statements or UPI receipts, booking emails or chats confirming the agreement, rescheduling communications, and records of attempted contacts showing ghosting. Witness statements from platforms or mutual contacts strengthen the case under BNSS investigation protocols.

How long will the investigation take?

Under BNSS Section 193, preliminary inquiries should conclude within 14 days, with full investigations aiming for 60-90 days in straightforward cheating cases. Complex matters involving multiple parties may extend to 6 months, but courts can expedite based on evidence strength.

Advocate Sudhir Rao, Supreme Court of India