If you are stuck in such a situation, here is what to do.
Mr. Alok Sharma planned a family trip and booked flight tickets for four people from Jampurnagar to Krishnagiri through a travel agency, “Swift Travels.” The booking was with FlyHigh Airlines for travel on June 20, 2025, and the total fare was ₹22,000, as confirmed on the airline’s itinerary.
Due to unforeseen circumstances, on June 18, 2025, Mr. Sharma had to reschedule the flight to a new date, July 15, 2025. He again went through Swift Travels for this change. The agent charged him a hefty rescheduling fee of ₹11,500.
However, when Mr. Sharma checked his PNR on the FlyHigh Airlines website on July 13, 2025, he was shocked to see that the official “flight change fee” mentioned in the new itinerary was only ₹2,500. The new total fare was shown as ₹22,800. This discrepancy made him question whether the ₹11,500 charged by the agent was a legitimate fee or if he had been overcharged and deceived.
Advice in such cases
Gather All Documents: Collect all receipts, itineraries (both old and new), payment proofs, and any written communication (emails, messages) with the travel agent regarding the booking and rescheduling.
Contact the Airline Directly: Get a written confirmation from the airline detailing the exact rescheduling fee they charged for your PNR. This will be your primary evidence.
Confront the Agent: Present the evidence to the travel agent and ask for a justification for the excess amount charged. Request a detailed invoice breaking down their service charges versus the airline’s fees. Do this in writing, if possible, to create a paper trail.
Send a Legal Notice: If the agent is unresponsive or refuses to refund the excess amount, the next step is to have a lawyer send a formal legal notice demanding the amount back. This often resolves the issue without further litigation.
File a Consumer Complaint: If the legal notice fails, you can file a complaint against the travel agent for “deficiency in service” and “unfair trade practice” before the appropriate Consumer Disputes 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
This situation primarily involves consumer rights and potentially criminal cheating, governed by the following laws:
The Consumer Protection Act, 2019: This is the most relevant legislation. The travel agent’s act of overcharging can be classified as:
- Deficiency in Service [Section 2(11)]: The service provided was flawed as it involved charging more than the actual cost.
- Unfair Trade Practice [Section 2(47)]: Representing that the services are of a particular standard or quality when they are not, or charging a price in excess of the price fixed by a competent authority or displayed on the goods/package.
Bharatiya Nyaya Sanhita, 2023 (BNS): If it can be proven that the agent dishonestly induced you to pay the extra amount with the intention to defraud you from the beginning, it could amount to cheating.
- Section 318 (Cheating): Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.
The Indian Contract Act, 1872: This governs the relationship between you (the principal) and the travel agent. The agent has a fiduciary duty to act in your best interest and cannot make secret profits from the transaction. Overcharging without disclosure is a breach of this duty.
If you are the complainant
As the person who has been overcharged, you are the complainant. Your primary goal is to recover the excess amount and seek compensation for the harassment.
Document Everything: Your case will be built on the strength of your evidence. Keep screenshots of the airline’s website, all receipts, and communications organised.
Follow a Step-by-Step Approach: Start with direct communication, then a legal notice, and finally a consumer complaint. This shows the commission that you made reasonable attempts to resolve the issue before approaching them.
Quantify Your Claim: When filing a consumer complaint, clearly state the excess amount you are claiming, along with compensation for mental agony, and the costs incurred in pursuing the complaint (litigation costs).
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
Realising you have been overcharged can be distressing. As the victim of an unfair trade practice, you have clear legal rights.
Do Not Delay: The Consumer Protection Act has a limitation period of two years from the date the cause of action arises (i.e., the date you were overcharged or became aware of it). Act promptly.
Seek Full Redressal: Your claim is not just for the refund of the overcharged amount. You can also claim compensation for the mental stress and harassment caused by the agent’s actions.
Be Prepared for the Process: Filing a complaint in the consumer commission is a formal legal process. While it’s designed to be consumer-friendly, being prepared and organised is key.
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
Typically, the police may be reluctant to register a First Information Report (FIR) for such matters. They often perceive these disputes as civil in nature and will likely advise you to approach the Consumer Commission. However, if you present clear and compelling evidence that points towards a deliberate and fraudulent act of cheating under Section 318 of the BNS, they are obligated to register an FIR. The process can be challenging, and a lawyer’s intervention might be necessary to get the police to take criminal action.
FAQs people normally have
What evidence is required?
To build a strong case, you will need:
The original flight booking confirmation and receipt.
Proof of payment for the rescheduling (bank statement, UPI transaction details, receipt from the agent).
The new, rescheduled itinerary, especially the version from the airline’s official website showing the actual change fee.
A screenshot or official email from the airline confirming the exact amount of the rescheduling fee.
All written correspondence with the travel agent (emails, WhatsApp chats, etc.).
A copy of the legal notice sent to the agent and the postal receipt.
How long will the investigation take?
The duration depends on the path you choose:
Consumer Complaint: The Consumer Protection Act, 2019, aims for speedy disposal of cases, ideally within 3 to 5 months. However, depending on the workload of the commission and the complexity of the case, it can take anywhere from 6 months to over a year.
Police Investigation (if an FIR is filed): An investigation under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) does not have a strict timeline for completion, though there are general guidelines. It involves gathering evidence, recording statements, and filing a final report (chargesheet) in court, which can be a lengthy process.
Advocate Sudhir Rao, Supreme Court of India