Travel booking scam: legal remedies and civil options

By Advocate Panchanand Shaw, Bar Council of West Bengal · Published 2 Nov 2026 · Online fraud

A travel booking scam is a deceptive scheme where fraudsters offer fake airline, hotel, or holiday packages to steal your money. If you have been defrauded, you can pursue criminal remedies under the Information Technology Act 2000 and the Bharatiya Nyaya Sanhita 2023, as well as civil recovery proceedings. The first step is to report the fraud to the national cybercrime helpline at 1930 or file a complaint on cybercrime.gov.in.

The legal framework for prosecuting travel booking scams involves multiple statutes. Under BNS 2023 Section 318, cheating is a punishable offence, and Section 316 covers criminal breach of trust. The IT Act 2000 Section 66D specifically addresses cheating by personation using a computer resource. These provisions allow law enforcement to register an FIR and investigate the fraudsters, while the victim can simultaneously pursue civil action for recovery of money.

What the law says

The primary criminal provisions for travel booking scams are found in the BNS 2023 and the IT Act 2000. Section 318 of the BNS defines cheating and prescribes punishment based on the amount involved. Section 316 of the BNS deals with criminal breach of trust, which applies when a travel agent accepts payment but fails to deliver the promised services. Under the IT Act 2000, Section 66D punishes cheating by personation using a computer resource, which covers fake websites and social media profiles. Section 66C addresses identity theft, often used by scammers to impersonate legitimate travel agencies. Section 66 covers computer-related offences, including unauthorised access to systems used to process bookings.

For procedural aspects, the BNSS 2023 provides the framework for filing a First Information Report. Section 173 of the BNSS allows a police officer to register an FIR for a cognizable offence. If the police refuse to register the FIR, Section 175(3) of the BNSS empowers the victim to approach the Magistrate directly. Section 35 of the BNSS requires the police to inform the complainant about the progress of the investigation. The BSA 2023 Section 63 governs the admissibility of electronic records, which is crucial for proving the scam through emails, chat logs, and website screenshots.

Additionally, the RBI has issued circulars on unauthorised electronic transactions. These circulars establish the liability of banks and customers in cases of fraud. The RBI guidelines state that a customer must report the fraud promptly to limit their liability. If the bank fails to act within the stipulated time, the customer may have a claim against the bank. These circulars provide a civil avenue for recovery alongside the criminal process.

The role of the bank and RBI circulars

When a travel booking scam involves an online payment, the bank plays a critical role in recovery. The RBI circular on unauthorised electronic transactions sets out a zero-liability framework for customers who report fraud promptly. If you report the unauthorised transaction within three working days, your liability is zero. If you report within four to seven working days, your liability may be capped. The bank must also initiate an investigation and freeze the beneficiary account if the fraud is established.

However, the bank's liability depends on whether the transaction was authorised by you. If you voluntarily transferred money to a scammer, the bank may argue that the transaction was authorised. In such cases, the bank's liability is limited. This is why it is crucial to establish that the payment was induced by fraud. The FIR and the cybercrime complaint serve as evidence of the fraudulent nature of the transaction. A cyber crime lawyer in Kolkata can help you present this evidence to the bank and the court.

Civil recovery and damages

Beyond criminal prosecution, victims of travel booking scams can pursue civil recovery. A civil suit can be filed for recovery of the money paid, damages for mental agony, and compensation for financial loss. The suit is typically filed in the civil court with jurisdiction over the matter. The limitation period for filing a civil suit for recovery is generally three years from the date of the fraud. However, it is advisable to act quickly to preserve evidence and prevent the scammer from disposing of assets.

Interim relief while the suit is pending

A recovery suit takes time, and the scammer may move or dispose of the money in the meantime. For that reason the civil claim is usually paired with an application for interim relief at the start of the proceedings. The court can restrain the defendant from operating the specific bank account into which your payment was credited, and it can direct the bank to hold the balance until the suit is decided. This is an urgent application, so it is filed with the plaint rather than months later.

The application has to show three things: that you have a serious case to try, that the balance of convenience favours freezing the funds, and that you will suffer irreparable loss if the order is refused. A copy of the FIR and the 1930 complaint help establish the seriousness of the claim at this stage. Where the money has already left the account, the same application can seek disclosure of the onward transaction records from the bank.

Step-by-step procedure to take action

If you have been scammed by a travel booking fraud, follow these steps in order to maximise your chances of recovery and legal success.

1. Report to the cybercrime helpline immediately. Call 1930, the national cybercrime helpline, and register your complaint. Provide all details of the transaction, including the amount, date, time, and the scammer's contact information. You can also file an online complaint on cybercrime.gov.in. This step triggers a rapid response mechanism to freeze the fraudster's accounts.
2. Inform your bank's nodal officer. Contact your bank and speak to the nodal officer for cyber fraud. Submit a written complaint detailing the unauthorised transaction. Request the bank to freeze the beneficiary account and initiate a chargeback. Under RBI circulars, your prompt reporting is critical to limit your liability.
3. File a written FIR at the local police station. Visit the police station with jurisdiction over the area where the offence occurred. Submit a written complaint and ensure the police register an FIR under Section 173 of the BNSS. Keep a copy of the FIR and the acknowledgement receipt.
4. Preserve all evidence. Do not delete any emails, text messages, WhatsApp chats, or screenshots related to the booking. Save the fake website URLs, payment receipts, and the scammer's contact details. This evidence will be essential for the investigation and any subsequent trial.
5. Approach the Magistrate if the police refuse to act. If the police station does not register an FIR, you can file a complaint before the Magistrate under Section 175(3) of the BNSS. The Magistrate can direct the police to investigate the matter.
6. Consult a cyber crime lawyer. A lawyer can help you navigate the criminal process, file a civil suit for recovery, and represent you in court. They can also assist in drafting the complaint and ensuring that all legal procedures are followed correctly.

Timelines and authorities

The following table summarises the key actions and the authorities involved in a travel booking scam case.

The table above shows that speed is of the essence. The first 48 hours are particularly critical for freezing the fraudster's accounts and preserving digital evidence. Delay can significantly reduce the chances of recovering your money.

Documents to preserve

Preserving the right documents is essential for both the criminal investigation and the civil suit. You should keep a copy of the booking confirmation, payment receipts, bank statements showing the debit, and all communication with the scammer. If the scammer used a website, save the URL and take screenshots of the booking page. If you communicated via email or messaging apps, export the chats and save them in a secure folder. Do not rely on the scammer's website remaining online; it may be taken down or changed.

What decides the outcome

Several factors influence the outcome of a travel booking scam case. The most important is the speed of reporting. If you report the fraud within the first few hours, the bank and cybercrime authorities have a better chance of freezing the funds before they are withdrawn. Another crucial factor is the quality of evidence. Courts and banks rely on documentary proof, such as payment receipts, chat logs, and website screenshots. Without clear evidence, it becomes difficult to establish the fraud.

The jurisdiction of the case also matters. Travel booking scams often involve multiple jurisdictions, including the location of the victim, the scammer, and the bank. This can complicate the investigation. However, the IT Act 2000 and BNSS 2023 provide mechanisms for dealing with cross-jurisdictional cyber crimes. The RBI circulars on unauthorised transactions also play a role in determining bank liability. If the bank failed to act promptly after your report, you may have a strong claim for compensation.

Finally, the willingness of the police to investigate and the availability of resources affect the case. Cyber crime cells in major cities, including Kolkata, have dedicated teams for financial fraud. The Calcutta High Court and City Sessions Court have handled numerous cyber fraud cases, establishing precedents that can guide your case. A cyber crime lawyer in Kolkata can help you navigate these forums effectively.

Common mistakes to avoid

Many victims make mistakes that harm their case. The most common is delaying the report. Fraudsters often move money quickly, so every hour counts. Another mistake is deleting chats or emails that could serve as evidence. Some victims also pay more money to the scammer in the hope of recovering their initial investment, which only increases the loss. It is also a mistake to confront the scammer directly or try to negotiate without legal advice. Finally, some victims do not file an FIR and rely only on the bank's complaint process. A criminal FIR is essential for a thorough investigation and for pursuing criminal charges.

When to involve a lawyer

You should involve a cyber crime lawyer in Kolkata as soon as you realise you have been scammed. A lawyer can help you file the FIR correctly, preserve evidence, and pursue civil recovery. They can also represent you in proceedings before the Magistrate and the civil court. If the police are unresponsive, a lawyer can file a complaint under Section 175(3) of the BNSS. For victims in West Bengal, a cyber crime lawyer in West Bengal can provide local expertise and navigate the Kolkata courts. You can also explore civil litigation options to recover your money. Early legal advice can prevent costly mistakes and improve your chances of a successful outcome.

Frequently asked questions

Information for general guidance only and not legal advice. Provisions cited follow the Information Technology Act 2000, the Bharatiya Nyaya Sanhita 2023 and the Bharatiya Nagarik Suraksha Sanhita 2023.

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