cpc

whom to approach for non refund of amount from book o trip


dear sir/madam, i have booked a flight ticket and it got cancelled automatically in the month of April due to flying restrictions imposed by GOI. since then, the booking agency i.e bookotrip has not refunded my amount and not even answering for my mails. can anyone please tell me to whom i can make complaint and is there any option to proceed through court to get my refund... thanking you in advance....
 
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Lawyer

Issue legal notice through a local lawyer.


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Approach the Consumer forum. You are consumer.

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Retired Manager

Send a complaint to the Ministry of Civil Aviation with full details of the flight number, Name of the Airline, Name of the Broker/travel agent if any. Ensure that full details are noted in the complaint. Send a copy to the Prime Minister's Office.  If no reply comes from the Ministry, send a complaint directly to the Prime Minister's Officer with a copy of the earlier complaint.

 

In all probability, the Airline concerned must have refunded the amount to the Travel Agent/Broker if you had booked with such an intermediary.

 

People known to me could get their refund by adopting the above strategy.


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Retired employee.

File online complaint cum notice under CP Act to the agency that booked/confirmed/received consideration.  Just mention facts and request for refund of the money reminding of earlier notices.

Ex:

To

......................

........................

NOTICE UNDER CP ACT

1.I,......................s/o.......................aged...........years,residing at...........................(full address), here in called complainant issue a notice as follows under CP Act demanding for a refund of the ticket amount within 15 days  from date of receipt of the notice with interest @ 18% and compensation of Rs.50,000/- for harassment.

1.The complainant has on.......................booked tickets under..........................(Plan/tour No) commencing from ......................and paid Rs....................as consideration  for value of the tickets through ..........................(Payment process)

2.It was informed by ............that the tour was cancelled due to COVID 19.

3.As the tour was canceled the complainant has on following dates sought refund of Rs........................from ...................through emails/reminders/letters.

i.............................2..............................3...........................

4.As the ticket amounts are not refunded, this notice  demanding for for refunding the booking amount of Rs..........with interest @18% and compensation of rs.50,000/- for harassment

Please take this as demand notice and the complainant will be constrained to proceed legally to recover the amount if the amount is not refunded within 15 days from date of receipt of this notice.

 

Complainant.

Wait for a month and then file a complaint before the District Consumer forum a simple complaint enclosing such a copy of notice, proof of payments made, notices issued etc.  If you appear as party in person the total amount of expenses may not be more than Rs.500/- in all. 


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Dy Director

consumer court.


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Thank you very much all for your valuable suggestions........ special Thanks to GLN Prasad gaaru, SivaramPrasad gaaru.
 
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Retired employee.

Members that received guidance on such matters, after being implementing such suggestions, should come back and post a feedback about the procedure adopted and the way they were successful.  Then such guidance may help those who face the same situation/issue  in future.  This help should be mutual.  Those who really swim can teach others, rather than those who teach swimming from the shore without trying to touch the water.


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Advocate

The Supreme Court has issued Orders in this context. The decision could be accessed at https://main.sci.gov.in/supremecourt/2020/10966/10966_2020_35_1501_24201_Judgement_01-Oct-2020.pdf.  The following are the directives issued by the court:

  1. If a passenger has booked a ticket during the lockdown period (from 25th March, 2020 to 24th May, 2020) for travel during lockdown period and the airline has received payment for booking of air ticket for travel during the same period, for both domestic and international air travel and the refund is sought by the passenger against that booking being cancelled, the airline shall refund the full amount collected without any cancellation charges. The refund shall be made within a period of three weeks from the date of cancellation.
  2. If the tickets have been booked during the lockdown period through a travel agent for a travel within the lockdown period, in all such cases full refund shall be given by the airlines immediately. On such refund, the amount shall be passed on immediately by the agent to the passengers.
  3. Passengers who booked tickets at any period of time but for travel after 24th May, 2020 – refund of fares to the passengers covered under this category shall be governed by the provisions of Civil Aviation Requirements (CAR).
  4. Even for international travel, when the tickets have been booked on an Indian carrier and the booking is ex­India, if the tickets have been booked during the lockdown period for travel within the lockdown period, immediate refund shall be made. 5. If the tickets are booked for international travel on a foreign carrier and the booking is ex­India during the lockdown period for travel within the lockdown period, full refund shall be given by the airlines and said amount shall be passed on immediately by the agent to the passengers, wherever such tickets are booked through agents. In all other cases airline shall refund the collected amount to the passenger within a period of three weeks.
  5. In all other cases, the airlines shall make all endeavours to refund the collected amount to the passenger within 15 days from today. If on account of financial distress, any airline / airlines are not able to do so, they shall provide credit shell, equal to the amount of fare collected, in the name of passenger when the booking is done either directly by the passenger or through travel agent so as to consume the same on or before 31st March, 2021. It is open to the passenger either to utilize such credit shell upto 31st March, 2021 on any route of his choice or the passenger can transfer the credit shell to any person including the travel agent through whom he / she has booked the ticket and the airlines shall honour such a transfer.
  6. The credit shell issued in the name of the passenger shall be transferable which can be utilized upto 31st March, 2021 and the concerned airline shall honour such a transfer by devising a mechanism to facilitate such a transfer. It is also made clear that such credit shell can be utilized by the concerned agent through whom the ticket is booked, for third party use. It is also made clear that even in cases where credit shell is transferred to third party, same is to be utilized only through the agent who has booked the ticket at the first instance.
  7. In cases where passengers have purchased the ticket through an agent, and credit shell is issued in the name of passenger, such credit shell is to be utilized only through the agent who has booked the ticket. In cases where tickets are booked through agent, credit shell as issued in the name of the passenger which is not utilized by 31st March, 2021, refund of the fare collected shall be made to the same account from which account amount was received by the airline.
  8. In all cases where credit shell is issued there shall be an incentive to compensate the passenger from the date of cancellation upto 30th June, 2020 in which event the credit shell shall be enhanced by 0.5% of the face value (the amount of fare collected) for every month or part thereof between the date of cancellation and 30th June, 2020. Thereafter the value of the credit shell shall be enhanced by 0.75% of the face value per month upto 31st March, 2021.

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I would like to thank Shri G L N Prasad gaaru, for guiding me to put a notice under CP Act.... i have done the same and yesterday i.e 07/10/2020 got the payment of original amount after debiting minimum charges was credited to my account and recieved a message from book o trip in the evening..... Thank you all for your guidance and support...

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