See since you have already file a criminal complaint he shall be arrested and persecuted for the offence.
Though for the deficiency in service you can also file a consumer complaint and can claim the amount and amount for mental harassment.
Fraud by travel agent
Hello sir, I am a victim of fraud by a Delhi based Travel agent. I bought a honeymoon package (4 Nights) to Mauritius from a travel agent on 3rd and 4th December 2019. I paid him total Rs 158000/- for which he provided me hotel vouchers and airline tickets. My travel date was 26th Jan 2020 and return date was 31st Jan 2020. All the transactions were made online either through NEFT or google pay. All the communications were made on email, whatspp and phone calls (there was no face to face meeting) On 25th Jan 2020 night (day before travel date), i got to know that airline tickets and hotel vouchers were fake when i tried to do web checkin on airline portal. Travel agent acknowledged on phone that there was some problem with the booking and then he stopped picking my calls for next 2-3 days. 3 days later he claimed that he will refund the amount. But he has not yet given any fixed date when he will do the refund. I have already lodged an FIR with Gurgaon Police. I would like to understand what are my options to firmly grab the travel agent ? Means apart from my principle amount, I want to claim amount for mental harassment caused to me and my wife due to fake travel tickets provided by the agent. Our trip was ruined just after our marriage.
Asked 4 years ago in Criminal Law
Religion: Hindu
15 Answers
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like trespassing, cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting Documents & Witnesses.
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.
3. Since you are classified as a "Consumer", you are also entitled to file a grievance petition against the Travel Agency and claim refund with interest and damages & compensation for the physical & mental trauma and for the illegal trade practice of the travel agency.
Dear Client,
You need to file a Complaint before the Consumer Forum.
Warm regards,
Jaswant Singh Katariya
Advocate, Gurugram
?JaswantKatariya.business.site
?reralegis.business.site
?JaswantKatariya.blogspot.com
You can file a civil suit for recovery of the said amount.
You can also file complaint before District Consumer court under defeincy of services and claim compensation for mental agony.
You have lodged the fir. Bit what has the police done? Have they arrested the accused? They must be knowing where he lives and works. Of they are not proceeding ahead then file a case in the high court for directing the police to complete investigation and arrest the accused.
You can pursue with criminally through your FIR. And you also file complaint before consumer court for deficiency of service
Dear querist,
The best remedy for you is to initiate a consumer complaint against the person and side by side since you have already filed the police complaint, that will be acting as a evidence. Although, you need some contacts to get that person behind bars with the help of police for which i can be of your help. Apart from that, if you have the address of the proposed accused, we can also send the legal notice to the person and some personal vigilance by my team we will be able to get the settlement for the amount.
You can contact me for above stated remedies.
Regards,
YUGANSHU SHARMA
ADVOCATE
DELHI HIGH COURT
I practise in gurugram and expert in criminal matters. I can help you with this
Henceforth do these things on your own instead of relying on anyone. Have you filed FIR on grounds of cheating, fraud, extortion. Even if possible set up with the police to catch him and finish him
1) case of cheating , criminal breach of trust under section 406, 420 of IPC is made out against agent
2) also file complaint against agent before consumer forum seek refund of money paid by you with interest
3) also seek litigation costs and compensation for mental torture undergone by you
1. since you had already filed the FIR, therefore, in addition, you can file a consumer case against him for return of your amount along with interest with DAMAGES on account of mental harassment, pain, agony,
2. you can wait for some time, as the FIR is filed and he may contact and offer you something for withdrawing the case/FIR
- To get compensation for mental harassment and embarrassment, you can file complaint at consumer court.
- FIR will only help to punish and Maximum to help get the money back if police go extra miles but consumer court only have power to award compensation.
- Do feel free to connect if wish to file complaint at consumer court.
Regards
Vivek Arya
1. You should also file a case in civil court for recovery of money paid to travel agent along with compensation for mental agony and harassment suffered by you due to this fraud.
2. Case can also be filed with consumer forum against travel agent.
Besides police complaint for this act of cheating and fraudulent activity, you may drag the agent to the consumer court also claiming not only refund of the booking mount with interest but also for compensation towards the mental agony and humiliation you suffered due to this.
FIR is only and best option. To settle matter outside court, agent will offer you good price along with principal.
