• Money taken and not ready to refund

Sir 

We have booked travel package from a site which is registered under a person name. They have charged us Rs 1,04,200 but now not refunding back. We even sent a legal notice but it has been came back due to insufficient address. Seems they have given false details. What to do now. Please guide.
Asked 5 years ago in Criminal Law
Religion: Hindu

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25 Answers

You should file complaint against the said website with police for the offence of criminal breach of trust cheating and fraud under the provisions of section 406, 415 and 420 of the Indian Penal code.

Filing of a consumer complaint against them would not bear much fruit as you don't know their address and serving him would become quite an issue.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

File FIR without fail, clear case of cheating and criminal breach of trust. Get the address through his mobile no. no big deal.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

You can provide all the details along with your complaint narrating the incident to the police and request them to file FIR and investigate in this matter.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

If police refuse to register FIR, you can file a petition under section 156 (3) of the code of criminal procedure to a magistrate to get FIR registered and investigation ordered in this matter.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You can approach the consumer forum and file a case

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Yes you can also file a FIR for cheating and fraud

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

What were terms and conditions of booking ?

 

2) file complaint against person before consumer forum and seek refund of money paid by you with interest 

 

3) also claim litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

You can file police complaint of cheating against the person 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

1. This amounts to dishonor of cheque for which you can file a case for cheque bouncing under section 138 NI Act.

2. Alternatively you can file a criminal case of cheating as well.

3. Another alternative option is file a civil suit for recovery. of money.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Dear sir,

since you have told that you have his phone no. and GST no. you have valid details. if you have the transaction ID stating the transfer to his account. you can lodge a FIR under the charges of cheating, criminal misappropriation etc. or you can file a compliant directly to the magistrate having jurisdiction.

You can consult me if you need further solution.

hope that solves your query.

YUGANSHU SHARMA

ADVOCATE

DELHI HIGH COURT

Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

You can file consumer complaint to consumer forum and also FIR for cheating

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

An fir forbfraud forgery and cheating should be lodged immediately giving all the details of the transaction.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes all the details should be given to the police.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

See you can register a police case of cheating and breach of trust for taking money and not responding and wrong address given.

Though this matter pertains to consumer dispute of deficiency of service and you can also file a consumer complaint 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can file a complaint with police they can register FIR on same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

 

-There are many other platforms at where you can complaint against TA then getting into legal battle.

- Advisable to get exhausted with other easily available remedy.

- Legal battle can be initiated anytime until the case is barred from limitation.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

the best recourse for you presently is to issue a legal notice to the Travel Agency. But before that you must find out the terms on which the booking was done; to what extent the booking was refundable etc. Once that is ascertained, it is advised you issue a legal notice to him asking to repay  if he did not reply within 15 days of issuing notice file complaint in jurisdiction police station u/s 420 of ipc. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can also file complaint in consumer forum. It deficiency In service. He have to refund the full payment. Along with interest. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hi,

if you know the address of travel agent, you may serve the notice in person or through courier. Then you may start a case under cconsumer laws. In the last step, you may file FIR for cheating, etc.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You have to find out their correct address through your own sources and then file a consumer court case against them for recovery and other remedies.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

If you at least have their phone number you can lodge a criminal complaint against them for the offences of cheating and breach of trust before the local police station.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Then from the GST also you can get their correct address as well as you can lodge a criminal complaint with the police on the basis of the phone number available with you so that the action will be faster and more effective.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Dear sir

You should register FIR against the person for not returning your money and also giving of fake address on the site to do fraud with you. 

Also give complaint in economic offence sell of police regarding the fraud done by you. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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