A.
Dear Client,
From the contents of your query, it appears that you become a victim of misleading advertisement as defined under Section 2(28) of the Consumer Protection Act,2019 which defines misleading advertisement and reproduced hereunder "misleading advertisement" in relation to any product or service, means an advertisement, which (i) falsely describes such product or service; or (ii) gives a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; or (iii) conveys an express or implied representation which, if made by the manufacturer or seller or service provider thereof would constitute an unfair trade practice; or (iv) deliberately conceals important information" and unfair trade practice as defined under Sec.2(47) of the Act. In the given scenario, serving a legal notice to the Travel Agent, you should file a complaint against them under Section 35 of the Consumer Protection Act, 2019 for deficiency in service and unfair trade practices before the District Consumer Commission (DCDRC) having pecuniary jurisdiction to entertain complaints where value of the goods or services paid as consideration does not exceed 50 lakh rupees under the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021 claiming refund of money paid for the tour package along with interest and compensation for harassment and cost of litigation. As pre Rule 7 of the Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020, no fees are payable for a complaint up to rupees five lakhs. The complaint should be filed within two years from the date of the cause of action. If required, consult with an Advocate specialising in consumer disputes to navigate the matter effectively.
Posted On 03-Dec-2025
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