False promise and cheating advanced money by tour operator
3 years ago
I am cheated by a tour operator regarding false promise and commitments. He took advanced money in all for our Shimla tour since February 2019 and promised us that arranged tour in Shimla in the March 2020. But the tour has cancelled due to pandemic condition. I asked him for returning my advanced money. But firstly he refused me that this is not possible he can arranged tour in future. But when I shown him the company brochure where clearly mentioned that if the tour is cancelled in any unavoidable circumstances then the money will be refund without any deduction. Then he agreed and mailed me that he will be return my money in the month of August 2020. But when I reminded him he told me that he returned my money when he started his business again. And after that I connect him several time through mail but he did not reply back any of my mail. Now I am suffering very much this kind of false promise I am totally helpless. I have all the money receipt and company brochure rules and regulations and all the communication details till now by email. Please suggest me what I am doing now.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
You can file a suit for money recovery at the place where the operator resides, carries out business or where you entered the transaction with him, as provided for under Order IV of the Civil Procedure Code. Bear in mind that it has a limitation period of three years, so you cannot file a suit beyond that. So my advice would be to proceed with filing the suit in the appropriate Court immediately. Your documents, receipts and brochure will form part of your submission and will serve to prove your case in Court.
You can file a suit for money recovery at the place where the operator resides, carries out business or where you entered the transaction with him, as provided for under Order IV of the Civil Procedure Code. Bear in mind that it has a limitation period of three years, so you cannot file a suit beyond that. So my advice would be to proceed with filing the suit in the appropriate Court immediately. Your documents, receipts and brochure will form part of your submission and will serve to prove your case in Court.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
due to pandemic, tourist industry suffered like others.
if they gives you tour now, will you take it.
you have to wait till business starts then you can take tour or refund.
if you still dont want to wait, you can send notice and approach consumer court.
Hope this clarifies,
Advocate Ankur Goel
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