Travel agent not returning money- cheque bounced
akash
(Querist) 26 November 2013
This query is : Resolved
I booked a travel package with a travel agent recently and had to cancel it. The travel agent promised me a refund of Rs 25,000 and sent an email that I'd be getting the money in my acccount next evening. After 2 weeks he claimed that the bank had lost the cheque and that he was depositing another cheque.
He emailed me a copy of the pay-in slip. After 2 days, I got a message from the bank that the cheque had been dishonoured. Then I asked him to deposit cash in my account. He kept delaying it and finally stopped picking my calls.
1. Can I file a police report directly for fraud, using the emails as the evidence and the fact that the cheque bounced?
2. Is it necessary to send a legal notice first? As I will have to give him more time to give me back the money and also involve legal costs.
3. Can the complaint be filed at my local police station or do I have to file it at the police station where the agent has his office? I live in South Delhi whereas the agent is in North Delhi.
Thanks experts
ajay sethi
(Expert) 26 November 2013
file complaint before consumer forum after issue of notice
V R SHROFF
(Expert) 26 November 2013
was cheque deposited in ur acount and bounced??? if yes , go for 138
If not, go for consumer forum..
BAALASUBRAMANNYAMM
(Expert) 26 November 2013
First send a legal notice, demanding to pay the amount at an earliest,in case if he failed to return back your money, then only you go for filing a case against the travel agent/agency.
akash
(Querist) 26 November 2013
Yes, the cheque was deposited in my account and it bounced. So I should not go to police directly?
Rajendra K Goyal
(Expert) 26 November 2013
If the cheque is with you, file under 138 NI act. In Delhi cheques are presented through Image (Cheque Truncation). You can get the certified copy of the image and return memo from Bank if the cheque is not with you.
Sudhir Kumar, Advocate
(Expert) 27 November 2013
no direct police complaint you have to issue notice to him within 15 days of last bouncing of cheque
malipeddi jaggarao
(Expert) 27 November 2013
Issue notice within 15 days of bouncing of the cheque to invoke the action under Sec.138 of NI Act. But you should possess the bounced cheque in your hands.
