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

Mr. Alok Sharma planned a family vacation to a serene hill station. He booked a room at the “Mountain View Retreat” in a town called Shivalik Hills through a popular online travel portal, “GoSafe Travels.” He made an advance payment of ₹3,500 for a booking scheduled for September 10, 2024. However, upon reaching the hotel with his family, they were met with a distressing situation. The hotel management informed Mr. Sharma that they had not received any booking confirmation or payment from GoSafe Travels for his stay.

Left with no other option and a tired family, Mr. Sharma had to pay an additional ₹5,000 directly to the hotel to secure a room for the night. The experience was not only financially draining but also humiliating. When he contacted GoSafe Travels’ customer support, his calls were met with generic responses and delays. Eventually, an agent from the company falsely claimed that Mr. Sharma was a “no-show” at the hotel, a blatant lie concocted to deny him a refund. Despite providing receipts from the hotel proving his stay and the extra payment, the company refused to take accountability or process a refund, closing his complaint ticket without any resolution.

This incident is not isolated. Many consumers face similar issues where online travel aggregators fail to honor bookings, leading to financial loss and immense harassment. These companies, and often their parent corporations, engage in a pattern of shifting blame and ignoring evidence, exploiting the trust of their customers.

Advice in such cases

If you find yourself in a similar predicament, it is crucial to act systematically to protect your rights.

• Gather all Evidence: Immediately collect all documents related to the transaction. This includes the initial booking confirmation, proof of advance payment (bank statement), the receipt for the second payment made directly to the hotel, and any identity proofs showing you were present at the location.
• Communicate in Writing: All further communication with the travel company should be in writing (email). This creates a documented trail of your attempts to resolve the issue. If you must call, try to record the conversation after informing the other party, if legally permissible in your jurisdiction.
• Send a Legal Notice: Before approaching a consumer court, it is advisable to have a lawyer send a formal legal notice to the company. This notice will outline your grievance, the deficiency in their service, and the relief you are seeking (refund, compensation). This official step often prompts companies to offer a settlement.
• 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 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 which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. Failing to secure a confirmed hotel booking after accepting payment is a clear deficiency in service.
• Unfair Trade Practice: Section 2(47) includes practices that are deceptive or misleading to the consumer. Falsely claiming a customer was a “no-show” to avoid a refund is a classic example of an unfair trade practice.
• Liability of Platform/Aggregator: Online travel portals act as service providers and intermediaries. They are liable for the failure of the services they promise and sell on their platform.

If you are the complainant

As the person who has been wronged, you are the complainant. Here are the steps you should take:

• Document Everything: Create a file with all your evidence: booking confirmation, payment screenshots, bank statements, the new hotel receipt, and a timeline of events, including who you spoke to and when.
• Formal Complaint: Draft a detailed complaint and email it to the company’s official grievance redressal or legal department. Clearly state the facts, attach your evidence, and specify your demand for a full refund plus compensation for the harassment and extra cost.
• Legal Notice: If the company fails to respond satisfactorily, engage a lawyer to send a strong legal notice. This is a final warning before you initiate legal proceedings.
• File a Consumer Complaint: You can file a complaint with the District Consumer Disputes Redressal Commission. The process is designed to be consumer-friendly, and you can file it online through the e-Daakhil portal (edaakhil.nic.in).
• 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

As a victim of such negligent and unfair practices, your immediate actions can significantly strengthen your case.

• Secure On-the-Spot Proof: If the hotel denies your booking, ask them for a written statement or an email confirming that no booking was received from the aggregator. This is powerful evidence.
• Record Communications: Keep a log of all interactions with the company’s customer service. Note down the time, date, and name of the representative you spoke with, along with the summary of the conversation.
• Do Not Accept Verbal Assurances: Insist on written confirmation for any resolution offered. Verbal promises are difficult to prove and are often not honored.
• 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 will view such a matter as a civil dispute rather than a criminal one. They are unlikely to register an FIR for a “deficiency in service.” This is the domain of the Consumer Courts. However, if there is a clear element of organized fraud or cheating as defined under Section 316 of the Bharatiya Nyaya Sanhita (BNS), where the company intentionally deceives customers on a large scale with no intention of providing the service, the police might be persuaded to investigate. But for an individual case of a failed booking, the most effective and appropriate remedy is through the Consumer Commission.

FAQs people normally have

• Can I file a complaint against both the travel portal and the hotel? Yes, you can name both parties in your complaint. The Consumer Commission will then determine who is liable. Often, the primary liability lies with the aggregator with whom you had the contract.
• Is sending a legal notice mandatory before filing a case? While not strictly mandatory under the Consumer Protection Act, it is a highly recommended step. It demonstrates your attempt to resolve the issue amicably and can sometimes lead to a quick settlement without litigation.
• What compensation can I claim? You can claim a refund of the amount paid, the extra amount you had to spend, and compensation for the mental agony, harassment, and litigation costs you incurred. The amount of compensation is decided by the Commission based on the facts of the case.

What evidence is required?

To build a strong case, you will need the following evidence:

• The booking confirmation voucher/email from the travel portal.
• Proof of payment for the booking (bank statement, credit card statement, UPI transaction details).
• The invoice/receipt from the hotel for the second payment you made directly.
• Copies of all email correspondence with the travel portal’s customer support.
• A written statement from the hotel, if possible, confirming the non-receipt of your booking.
• Call logs or recordings of conversations with customer service representatives.

How long will the investigation take?

The Consumer Protection Act, 2019, mandates a speedy trial. A consumer complaint is expected to be decided within three to five months from the date of filing, provided there are no complex issues or adjournments. The e-Daakhil portal has further streamlined the process, making it faster and more transparent. However, the actual time can vary depending on the caseload of the specific District Commission and the cooperation of the opposing party.

Advocate Sudhir Rao, Supreme Court of India