Mr. Sameer Verma, a resident of Janakpuri, was looking forward to watching the new blockbuster movie, “Desert Hawk’s Rise,” on a Saturday. At around 11:15 AM on September 21, 2024, he used the popular online portal, “TicketNow,” to book seats for the 10:30 PM show at the “Galaxy Multiplex” in his city. He carefully selected the PM slot, completed the payment, and waited for the confirmation.

To his utter disbelief, the confirmed ticket he received via email was for the 10:30 AM show on the very same day—a show that had already concluded an hour before he even made the booking. How could the system allow a booking for a time that was already in the past? This appeared to be a significant technical flaw in the TicketNow platform’s booking interface, causing him to lose his money for a service he could not possibly avail.

Advice in such cases

When you encounter such a frustrating technical error, it’s crucial to act systematically to protect your rights as a consumer.

• Document Everything: Immediately take screenshots of the final ticket, the confirmation email, the transaction details from your bank or card, and if possible, any part of the booking process you can replicate.
• Contact Customer Support: The first step is to contact the company’s customer support. Use their official email, phone number, or in-app chat feature. Clearly explain the issue, state that the service was impossible to use, and attach all the evidence you have gathered.
• Use Social Media: If the official channels are unresponsive or unhelpful, you can take the matter to social media platforms like X (formerly Twitter) or Facebook. Post your complaint publicly and tag the company’s official handle. Companies are often more responsive to public complaints to protect their brand image.
• 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 issue falls squarely under the purview of the Consumer Protection Act, 2019. The key concepts applicable here are:

• Deficiency in Service: Section 2(11) of the Act defines “deficiency” as any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance of a service. Selling a ticket for a past event is a clear deficiency in service.
• Unfair Trade Practice: Section 2(47) covers practices that are deceptive or unfair to consumers. A system glitch that charges customers for an unusable service can be argued as an unfair trade practice.

If you are the complainant

• Preserve All Evidence: Your primary strength is your evidence. Keep all digital records, including screenshots of the app, confirmation emails, bank statements, and any communication with the company’s support team.
• Send a Legal Notice: Through a lawyer, you can send a formal legal notice to the company’s registered office. The notice should detail the grievance, the deficiency in service, and demand a full refund along with compensation for the mental harassment and costs incurred.
• File a Consumer Complaint: If the company fails to respond to the legal notice or refuses to provide a satisfactory resolution, you can file a complaint before the appropriate Consumer Disputes Redressal Commission. The jurisdiction (District, State, or National) depends on the value of the goods/services and the compensation claimed.
• 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

• Act Immediately: Do not wait. Report the problem to the company as soon as you discover the error. Delays can sometimes be used by the company to argue that you were not diligent.
• Maintain a Formal Record: Ensure all your communication with the company is in writing, preferably via email. This creates a formal, time-stamped record of your attempts to resolve the issue.
• Know Your Rights: As a consumer, you have the right to receive the service you paid for. If the service is defective or impossible to avail, you are entitled to a full refund and, in some cases, compensation.
• 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

The police will not typically get involved in such matters. This is a civil dispute between a consumer and a service provider, not a criminal offence like fraud or cheating in the traditional sense. If you approach a police station, they will rightly advise you that the proper forum for your grievance is the Consumer Disputes Redressal Commission (Consumer Court).

FAQs people normally have

What evidence is required?

To build a strong case, you should have the following evidence:

• The digital ticket or confirmation email showing the incorrect time.
• Your bank or credit card statement showing the deduction for the ticket amount.
• Screenshots of your communication (emails, chat logs) with the customer service of the booking portal.
• A screenshot of the booking page, if you can replicate the error, showing the glitch.

How long will the investigation take?

The company’s internal investigation through its customer service should ideally be resolved within a few business days. However, if you need to escalate the matter to a consumer court, the process can take longer. While the Consumer Protection Act, 2019, mandates a speedy resolution, the actual timeline can range from a few months to over a year, depending on the caseload of the commission and the complexity of the case.

Advocate Sudhir Rao, Supreme Court of India