i have given rs 6 lakhs to a travel agency firm for europe tour due to visa prblm my tour got cancled , now travel agency is not refunding the payment. What legal action should i take to get it back as soon as possible.
Can i go to fast track court also. Kindly advice
3 Answers from Attorneys
File a complaint against the agency in the nearest police station to their office u/s 406/420/422 IPC and if the police does not register FIR then File a complaint to the Area Magistrate u/s 200/ alongwith an application u/s 156(3) for registration of FIR u/s 420/406/422 IPC. Also send them a legal notice through an advocate demanding the refund and if they don't pay up then file a suit for recovery on them.You may drop in a detailed query at [email protected]
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You may file a suit for recovery .Fast track courts are generally meant for criminal trials.
You will have to give me some more details about your matter before I can properly advice you on how to proceed with your complaint. Normally in such circumstances, the tour agency must refund the entire amount. However, the courts usually decide on the basis of whose fault it was. If the visa was supposed to be arranged by the tour agency and they failed in their job, then you have a perfect case to file in court and get the entire sum refunded and get even more money in the form of damages. Under Section 2(1)(o) and (g) of the Consumer Protection Act, When a service is found deficient by a consumer, he can make a complaint under the Act. Further “deficiency” means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance. Clearly your case shows all the necessary elements to file a civil case. Filing a criminal case and FIR will not be to your advantage since there will be very little possibility of the case ending quickly and you getting your money back, if at all. You can send me a mail at [email protected] with your phone number, then we can discuss your case and decide what your strategy should be.
Advocate Ashok Kumar; www.lawkonect.com
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