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

A client, Mr. Verma, recently faced a distressing situation with a travel agency. He had booked a family vacation to France through “Horizon Travels” and paid a substantial amount of ₹1.25 lakhs. At the time of booking and payment, the agency conveniently failed to inform him that visa appointment slots for France were completely booked out for the foreseeable future. This critical information was only disclosed much later when the visa application process was supposed to begin.

Facing this roadblock, Horizon Travels suggested a deceptive workaround: apply for a visa through the German consulate using a fabricated itinerary, a practice commonly known as “visa shopping.” Unaware of the severe implications, such as potential blacklisting by Schengen countries, Mr. Verma tentatively agreed. However, after doing his own research overnight, he realized the immense risk involved and immediately withdrew his consent the very next day via email.

Despite his clear withdrawal, the agency informed him a few days later that a German visa appointment had been booked and that the entire trip amount was now non-refundable. To find a legitimate solution, Mr. Verma requested that they modify the travel plan to include an actual stay and tour in Germany, making the visa application compliant. After waiting for over a week with no response or updated itinerary, and with the proposed travel dates approaching, he was left with no option but to cancel the entire engagement.

Horizon Travels is now unjustly withholding the full ₹1.25 lakhs, citing a non-refundable policy. This case is a classic example of misrepresentation and deficiency in service by a travel company.

Advice in such cases

If you find yourself in a similar predicament, it is crucial to act methodically to protect your rights and recover your money.

• Gather all Communication: Compile every piece of correspondence with the travel agency. This includes emails, WhatsApp messages, call logs, and any recorded conversations. This documentation is your primary evidence.
• Send a Formal Legal Notice: The first formal step is to have a lawyer send a detailed legal notice to the travel company. This notice should outline the entire sequence of events, highlight the deficiency in service and unfair trade practices, and demand a full refund within a specified period (e.g., 15 or 30 days).
• File a Consumer Complaint: If the company fails to respond to the legal notice or refuses the refund, the next step is to file a complaint before the appropriate Consumer Dispute Redressal Commission.
• 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

Such cases are primarily governed by consumer protection laws and contract laws in India.

• The Consumer Protection Act, 2019: This is the most potent legislation for such matters. The travel agency’s actions constitute a “deficiency in service” (failure to provide the promised service of a trip to France) and an “unfair trade practice” (misleading the consumer about visa availability and suggesting a fraudulent application method).
• The Indian Contract Act, 1872: The agreement with the travel company is a contract. Their failure to disclose a material fact (unavailability of visas) amounts to “Misrepresentation” under Section 18. Suggesting a fraudulent visa application can be argued as “Fraud” under Section 17, which makes the contract voidable at your option.
• Bharatiya Nyaya Sanhita (BNS), 2023: If the company’s intention to deceive from the outset can be proven, it could potentially amount to “Cheating” under Section 318 of the BNS. While a consumer case is the more direct route for a refund, this criminal aspect adds weight to the gravity of the company’s misconduct.

If you are the complainant

As the person who has been wronged and is seeking justice, you need to be proactive.

• Organize Your Evidence: Systematically arrange all your documents: payment receipts, booking vouchers, email chains, and chat transcripts. Create a clear timeline of events.
• Draft a Strong Complaint: Your complaint to the consumer commission should be clear, concise, and supported by all the evidence you have gathered. It should detail the misrepresentation, the suggestion of visa fraud, and your attempts to find a legitimate solution.
• Claim Full Refund and Compensation: In your complaint, you should claim not only the full refund of the amount paid but also compensation for the mental agony, harassment, and litigation costs you have incurred.
• 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

Being a victim of such a practice can be stressful. It is important to handle the situation with composure.

• Do Not Be Intimidated: Companies often use “non-refundable” clauses to scare customers into submission. Remember that these clauses do not hold up in court if the company itself is at fault for deficiency in service or unfair trade practices.
• Communicate in Writing: After the dispute arises, insist on communicating only through written channels like email. This creates a clear and undeniable record of all interactions. Avoid verbal arguments over the phone.
• Do Not Accept Unfair Settlements: The company might offer a partial refund or a credit note for future travel. Do not accept it if you are entitled to a full refund. Accepting a partial settlement might weaken your position to claim the full amount later.
• 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

Approaching the police in such matters can have mixed results. This is primarily seen as a civil or consumer dispute arising from a breach of contract, not a criminal offence in the first instance. The police may be hesitant to register a First Information Report (FIR) and are likely to advise you to approach the consumer court. However, if there is a clear and provable element of cheating under Section 318 of the BNS, especially if the company has a pattern of duping customers, the police may be persuaded to register a complaint. A lawyer’s intervention can be crucial in presenting the case effectively to the police.

FAQs people normally have

• Can I file a consumer complaint on my own?
  Yes, the process is designed to be consumer-friendly, and you can file a complaint yourself. However, given the legal nuances and procedural requirements, hiring a lawyer who specializes in consumer law is highly advisable to ensure your case is presented strongly and correctly.
• Where should I file the complaint?
  The jurisdiction of the Consumer Commission depends on the value of the claim (goods/services paid + compensation).
  • District Commission: For claims up to ₹50 lakh.
  • State Commission: For claims between ₹50 lakh and ₹2 crore.
  • National Commission: For claims above ₹2 crore.
• What if the company’s terms and conditions state the booking is non-refundable?
  A one-sided, unfair term in a contract can be struck down by the Consumer Commission. If the reason for cancellation was the company’s own fault (misrepresentation, deficiency in service), their “non-refundable” clause will not protect them.

What evidence is required?

Strong evidence is the backbone of a successful consumer case. You must secure:

• Proof of Payment: Bank statements, credit card slips, and official receipts from the travel company.
• Booking Confirmation: The initial itinerary, travel vouchers, and any contractual documents.
• Written Communication: All emails, letters, and WhatsApp/SMS messages exchanged with the agency, especially those concerning the visa issue, the suggestion of a dummy application, and your withdrawal of consent.
• Legal Notice: A copy of the legal notice sent to the company and the postal/courier receipt.
• Witnesses: If any conversation happened in the presence of another person, their affidavit can also serve as evidence.

How long will the investigation take?

The term “investigation” here refers to the proceedings before the Consumer Commission. The Consumer Protection Act, 2019, mandates a speedy trial, ideally aiming for a decision within three to five months from the date of filing. However, in practice, the timeline can be longer due to factors like the complexity of the case, the opponent’s delaying tactics, and the workload of the commission. With a diligent lawyer and strong evidence, you can expect a resolution in a reasonable timeframe, often within 6-12 months.

Advocate Sudhir Rao, Supreme Court of India