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 booked a flight through XYZ Travel Agency for DD/MM/YYYY. The airline preponed the flight by over 2 hours, making it impossible for Mr. X to travel. The airline’s nodal officer confirmed in writing that a full refund was initiated to XYZ Travel Agency on the same day. However, when Mr. X approached the travel agency for his refund, they claimed they were marked as “no-show” and received no refund from the airline. The agency refused to process the refund despite clear documentary evidence from the airline confirming the refund was sent. This created a fraudulent situation where the agency appeared to be retaining funds that rightfully belonged to Mr. X.

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 everything immediately – all communications with the travel agency and airline. Send a legal notice to the travel agency demanding refund within 15 days. File a consumer complaint if the amount exceeds Rs. 1 lakh, otherwise approach District Consumer Forum. Also consider filing a police complaint for cheating and criminal breach of trust.

Applicable Sections of Law

This case involves multiple legal violations. Under Bharatiya Nyaya Sanhita (BNS), Section 316 (Criminal breach of trust) and Section 318 (Cheating) are applicable when the agency retains money despite knowing refund was received. Section 61 (Criminal conspiracy) may apply if multiple agency employees are involved. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 governs investigation procedures. Consumer Protection Act 2019 provides additional remedies for deficiency in service and unfair trade practices by travel agencies.

If You Are the Complainant

• Gather all booking confirmations, payment receipts, and airline correspondence as evidence
• Send written notice to travel agency with 15-day deadline for refund
• File consumer complaint within jurisdiction where agency operates or transaction occurred
• Simultaneously file police complaint under BNS sections for criminal breach of trust
• Maintain detailed records of all financial losses and additional expenses incurred

If You Are the Victim

• Immediately contact airline to confirm refund status and obtain written confirmation
• Document all communication attempts with travel agency including call logs and emails
• Calculate total financial impact including alternative travel arrangements made
• Report the fraud to cybercrime cell if booking was made online
• Consider approaching credit card company for chargeback if payment made via card

How the Police Behave in Such Cases

Police typically treat travel agency fraud cases seriously, especially with documentary evidence. They usually register FIR under cheating and criminal breach of trust sections. Investigation involves examining agency’s financial records and bank statements to trace refund amounts. Police may also coordinate with airline authorities to verify refund transactions. However, they often suggest pursuing consumer forum remedies simultaneously for quicker financial resolution.

FAQs People Normally Have

Q: Can I file both consumer and criminal cases simultaneously? Yes, you can pursue both remedies as they serve different purposes – consumer case for compensation and criminal case for punishment.

Q: What if the travel agency claims technical issues? Technical issues don’t excuse retention of refunded money. The agency has legal obligation to pass on refunds received.

Q: How long do I have to file a complaint? Consumer complaints have 2-year limitation period from when cause of action arose. Criminal complaints have no such limitation for these offenses.

What Evidence Is Required?

• Original booking confirmation and payment receipts from travel agency
• Written confirmation from airline’s nodal officer about refund initiation
• All email exchanges and recorded calls with travel agency
• Bank statements showing original payment to agency
• Screenshots of airline’s refund policy and terms
• Alternative travel arrangements made and their costs
• Witness statements if others experienced similar issues with same agency

How Long Will the Investigation Take?

Criminal investigation typically takes 3-6 months for travel fraud cases. Consumer forum proceedings are generally faster, taking 6-12 months for resolution. Timeline depends on complexity of financial records examination and agency’s cooperation. Cases with clear documentary evidence from airlines usually conclude faster than disputed ones.

Advocate Sudhir Rao, Supreme Court of India