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Refund issues with travel partner
11-Sep-2023 (In Corporate Law)
I had taken a tour with one private travel partner but the tour got cancelled due to natural calamities like floods in that area. Now the travel partner is not returning the proper refund of the whole trip. He is just giving us 10% of total amount when the trip dint happen only. He had not given the payment receipt also of that trip or he does not have any cancellation policies, privacy policies or term and conditions nothing. What should I do? Can I file this in consumer court? Please suggest.
It'll be better to file a Summary Suit in Civil Court to recover your money. Other option is to file a case of cheating under Sec 42O, but under Sec 420, we have to prove out the element of cheating on the part of the travel partner. We have to prove out, it was the intention of the travel partner to cheat you since the beginning as and when you booked a tour with that travel partner.
So, you should tell me, whether element of cheating was present in your case and whether the travel partner has the intention to cheat you since the beginning or not?
From what I have understood, there is no element of cheating present in your case. That doesn't mean, you can't try filing a case under Sec 420. As far as Summary Suit is concerned, that is the alternative option of filing the case under Sec 420.
Under the summary suit, we have to show to the court that there was an implied contract between you and your travel partner & your travel partner had breached terms and conditions of that implied contract by not giving giving your payment back.
However, whether under Summary Suit in Civil Court or under a Criminal Case of Sec 420 before the Magistrate of first class, he can take the defence of Act of God because of which he is not making the payment. This does not mean, we do not have the rebuttals to that defence. I am just pointing out - what defence he can take.
If you are thinking to file a case in Consumer Court, you have to prove 'Defeciency of Service'
So, you should tell me, whether element of cheating was present in your case and whether the travel partner has the intention to cheat you since the beginning or not?
From what I have understood, there is no element of cheating present in your case. That doesn't mean, you can't try filing a case under Sec 420. As far as Summary Suit is concerned, that is the alternative option of filing the case under Sec 420.
Under the summary suit, we have to show to the court that there was an implied contract between you and your travel partner & your travel partner had breached terms and conditions of that implied contract by not giving giving your payment back.
However, whether under Summary Suit in Civil Court or under a Criminal Case of Sec 420 before the Magistrate of first class, he can take the defence of Act of God because of which he is not making the payment. This does not mean, we do not have the rebuttals to that defence. I am just pointing out - what defence he can take.
If you are thinking to file a case in Consumer Court, you have to prove 'Defeciency of Service'
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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