Cleartrip Pvt Ltd - Cleartrip s failure to provide essential travel information directly resulted in denial of boarding

LEGAL COMPLAINT AGAINST CLEARTRIP PVT. LTD.
(With Supporting Case Laws & Citations)
Respected Sir/Madam,
I, Subhashish Das, hereby submit this formal complaint against Cleartrip Pvt. Ltd. for gross negligence, deficiency in service, misleading information, unfair trade practices, and causing severe financial and emotional distress to me and my family during our international travel planned in October ****.
I seek the following reliefs:
• Full refund of the original booking amount
• Reimbursement of additional flight expenses incurred solely due to Cleartrip’s negligence
• Compensation for mental harassment, trauma, and time loss
• Any other relief the Hon’ble Commission deems fit
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*. Booking Details and Initial Issue
On **st September, I booked round-trip international air tickets (Ref ID: CT******) for my family through Cleartrip, for a total of ₹*,**,***.**, paid using two credit cards due to card limits.
While booking, Cleartrip’s representative collected all passport-related details but never asked about or informed me about transit visa requirements.
Since I had doubts regarding transit rules, I directly asked whether a transit visa would be needed.
The Cleartrip representative replied:
“We don’t deal with visa matters. For this you have to contact the Airlines.”
Despite this, the representative aggressively pushed for completing the payment, repeatedly highlighting that the ticket was non-refundable and that cancellation would result in complete loss.
Cleartrip therefore:
• failed to warn,
• failed to verify, and
• failed to guide me
on a mandatory travel requirement for transit through Frankfurt (Germany).
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*. Denied Boarding at Bangalore Airport — Cleartrip’s Negligence
On **th October, at Bangalore Airport, my family and I was denied boarding on the Lufthansa flight due to absence of a mandatory Schengen transit visa.
Airport authorities clearly explained that Indian passport holders must have a transit visa for Frankfurt, irrespective of staying in the same terminal.
This essential requirement was never disclosed by Cleartrip despite my explicit question.
This failure turned our travel into a traumatic ordeal, causing:
• humiliation at the airport
• panic and emotional distress
• shock and confusion
• complete disruption of a long-planned family trip
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*. No Support From Cleartrip — Delay, Repetition & Avoidance
Immediately after denial of boarding, I contacted Cleartrip.
What followed was shocking:
• Every representative repeated the same scripted line:
“Please wait for **–** hours.”
• No escalation was done.
• They cant help it since it’s a non refundable tickets.
Cleartrip’s system clearly prioritizes delay and avoidance over resolution.
________________________________________
*. Forced to Buy Emergency Tickets (₹*,**,***)
Due to Cleartrip’s negligence and the urgency of my travel commitments in the UK, I was forced to buy last-minute Emirates tickets:
Bangalore → Dubai → Manchester
Total cost: ₹*,**,***
This financial burden was entirely avoidable had Cleartrip fulfilled their obligation of providing correct travel information.
________________________________________
*. Cleartrip Gave Zero Support During My Stay Abroad
While abroad, I continually followed up regarding the return ticket.
Each time, Cleartrip repeated:
“Sir, please wait **–** hours.”
• No update.
• No action.
• No accountability.
I was forced to make multiple expensive calls on international roaming without any resolution.
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*. Return Journey Chaos — Prices Skyrocketed Due to Cleartrip’s Delays
While waiting for Cleartrip’s promised resolution:
• An Air India ticket London → Bangalore was available for ₹*.* lakh from London to Bangalore for **rd Oct ****.
• ** hours later, it increased to ₹*.* lakh
• Later, it shot up to ₹*.* lakh
________________________________________
*. Forced to Purchase Another Expensive Ticket (₹*,**,***)
With no reliable support, I had no choice but to purchase:
Manchester → Mumbai → Bangalore
Cost: ₹*,**,***
I also had to travel back from London to Manchester by train, incurring additional costs.
________________________________________
*. Mishandled Refund
After having rigours follow ups and calls and emails, Cleartrip refunded only ₹**,*** even though it was completely their fault.
These deductions are illegal and unjustified because:
• Cleartrip failed to inform me about mandatory transit visa rules.
• Cleartrip forced me into a non-refundable ticket without warning.
• Cleartrip failed to respond or support after denial of boarding.
• Cleartrip delayed and mishandled the entire issue.
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*. Total Financial Damage
Description Amount (₹)
Original Cleartrip Booking (Lost) *,**,***.**
Emergency Emirates Tickets *,**,***
Return Journey Ticket (MAN → BOM → BLR) *,**,***
Train (London → Manchester) Additional
International Roaming Charges Additional
Emotional Trauma & Time Loss Severe
Total financial impact: approx. ₹*.*–₹*.* lakhs (excluding emotional damage).
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**. Legal Grounds Under Consumer Protection Act, ****
Cleartrip is liable under the following clauses:
a) Deficiency in Service (Section *(**))
Cleartrip failed to provide essential travel guidance and timely support.
b) Unfair Trade Practice (Section *(**))
Selling a non-refundable ticket without disclosing known transit restrictions.
c) Misleading Representation (Section *(**))
Withholding critical travel eligibility information.
d) Mental Harassment
Repeated delays, call holds, and trauma caused at the airport and abroad.
e) Financial Loss Due to Negligence
Forced to repurchase tickets at high prices due to Cleartrip’s delays.
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**. Supporting Case Laws (With Citations)
*. Cox & Kings India Ltd. v. Joseph A. Fernandes (**** SCC OnLine NCDRC **)
The National Commission held that travel agents are liable for failure to provide necessary information related to travel requirements.
This precedent supports my case where Cleartrip failed to inform about mandatory transit visa rules.
________________________________________
*. Lufthansa German Airlines v. Kiran Kumar (Revision Petition No. **** of ****, NCDRC)
The Commission confirmed compensation when passengers were denied boarding due to the travel service provider’s failure to inform about mandatory requirements.
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*. MakeMyTrip (India) Pvt. Ltd. v. Smita Jha (First Appeal No. *** of ****, NCDRC)
Held that online travel portals are responsible for misleading customers and non-disclosure of essential information.
________________________________________
*. Thomas Cook India Ltd. v. Rohit Bhalla (**** SCC OnLine NCDRC ***)
A travel company was held liable for negligence, poor coordination, and deficiency in service, resulting in compensation.
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*. Air Travel Agencies Case — NCDRC (**** SCC OnLine NCDRC **)
Travel agents must exercise due diligence, including guiding passengers on mandatory formalities.
________________________________________
Legal Position Established by These Cases:
• Travel companies must disclose all mandatory travel requirements
• Failure to inform passengers constitutes deficiency in service
• Emotional distress + financial loss = compensation payable
• Misleading or incomplete guidance = unfair trade practice
Cleartrip’s conduct clearly matches all violations upheld in the above cases.
________________________________________
**. Reliefs Requested
I request the Hon’ble Commission to direct Cleartrip to:
*. Refund the full ticket amount of ₹*,**,***.**
*. Reimburse additional flight costs
o ₹*,**,*** (Emirates)
o ₹*,**,*** (Return Journey)
*. Reimburse additional travel & roaming expenses
*. Award compensation for mental harassment and emotional trauma
*. Issue a written apology acknowledging negligence and service failure
*. Award litigation costs
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**. Conclusion
The entire traumatic experience — denial of boarding, financial loss, humiliation, multiple disruptions, and severe emotional distress — was caused solely due to Cleartrip’s negligence, misleading conduct, and failure to discharge duty of care.
I therefore request the Hon’ble Consumer Court to grant the reliefs prayed for.
Yours faithfully,
Subhashish Das
Phone : ********** or **********
Subhashish.pmp@gmail.com
Cleartrip Ref ID CT******
Address: E-**-***, Sandeep Vihar, AWHO, Kanamangalla, Seegehalli
Bengaluru, Karnataka-******, India