• Dispute transaction claimed by SBI credit card service

Dear Sir

I have booked rooms with Abad Resorts ,Cochin through www.booking.com by using my SBI credit card.Subsequently I have cancelled my request and got a confirmation from booking site that I am liable for only Rs 15126.Later I have received SBI credit card statement which stated that this property owner has claimed total amount for the service in spite of my NO SHOW  status.Though I explained my status none of them responding with due clarifications.Pl guide me how do I proceed on this case to sue the property owner as well booking site who have misused my credit card informations even after my cancellation request and demanding more that mutually agreed amount.
Asked 8 years ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

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13 Answers

Unless there was free cancellation clause while booking the hotell.in most of the sites the cancellation fees differ from 10% to 100% of the booking amount.

So before fastening any liability on the booking site it is essential to know the clause of booking.

if there is no fault on the part of yours then you can consider filing case beofre the consumer forum seeking full refund along with damages and compensation.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1) issue legal notice to abad resorts to refund excess amount received by them

2) if they refuse file complaint befpre consumer forum seek refund with interest also claim litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

Hi sir, you can file a complaint against the booking site and the hotel in the consumer district forum asking for compensation alongwith interest

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Please raise your complaint with the card company in writing and take the confirmation of reversal of the amount for the time being. The card company will send you a form to be filled by you and submitted to them regarding your complaint and they will reverse the amount and dispute the amount with the merchant you need to write the merchant and submit your confirmation email received by you from the merchant hi the disputed payment SBI after being verified all the disputes my refund amount to you.

Please make sure that the confirm booking have been cancelled within the stipulated period as per the confirmation of the booking

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. Get issue a legal notice,

2. File a suit if you did not get refund,.

3. Meet local lawyer..

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Friend legal option is always available to you. Firstly send a legal notice to the party with the help of some good lawyer.

All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal notice.

A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them.

This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the party aware of your grievance. Many a times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides.

And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law.

Although a legal notice can service as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.

If in case the party is not refunding you the amount then you can certainly file a strong case against him in the consumer court.

GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, Delhi
422 Answers
22 Consultations

Gone through booking.com terms and conditions.

1. Issue legal notice to both resort/booking.com for the clarification and the fund to be refunded in stipulated time.

2. Based on the reply, you can initiate recovery suit against the resorts / booking.com .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

send them an email first,and also talk on phone explaining whole situation, keep evidence with you, and even if they do not return the amount send a legal notice giving 15 days time to refund thereafter you can file recovery suit in district court with compensation.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

Hello,

Immediately send a legal notice to Abad Resorts for claiming the excess amount, this act of Abad Resorts amounts to unfair trade practice.

If however after receiving the legal notice, he does not respond then you can file the case in the consumer forum wherein you can also claim the damages for mental harassment and also for expenditure on the case.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Respected sir ...

If you have any grivene in this regard or you think that there is any misconduct by such site ..Just file a petition in DCDRF seeking that I have this grivene and I had not satisfied with the conduct of authorities ...Court will surly take your part .And consider it .....

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

You may send a legal notice to the resort owner demanding refund of the excess amount collected, and if there is no proper response, file a suit. You have recourse against them at the consumer forum as well. Your claim has to be well established by unassailable evidence.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Send a legal notice to both of them, and seek refund of all such payment which was wrongly credited from your card.

In case the needful is not done despite the legal notice, file a consumer case against both, since they are liable of rendering deficient services to you.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Do you have the evidence for cancellation and also to that of the mutually agreed amount s refund?

If so, you can first issue a legal notice to this effect and demand refund as well as compensation for the mental agony you suffered due to this.

If you dont get any proper response or fruitful result, for this legal demand notice, yo may drag both the parties to the consumer forum seeking compensation for deficiency of service besides refund of the booking amount with interest.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

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