December 13, 2023

LEGAL NOTICE
To,
1. Varafi.com
A-82, Sector-4, Noida,
Uttarpradesh-201301,

2. Wing In Travel Advisory Private Limited (WITAPL)

Udyog Vihar Industrial Area Phase 5, Gurgaon, Delhi.

3. Uma Rawal
Director of (WITAPL)
Having office address at: 6165,
Pakki Gali Bada Hindu Rao New Delhi,
North Delhi DL 110006.

4. Mehvish Qamar
Director of (WITAPL)
Having office address at: 6165,
Pakki Gali Bada Hindu Rao New Delhi,
North Delhi DL 110006.

5. Karan Sahdev
Director of (WITAPL)
Having office address at: 6165,
Pakki Gali Bada Hindu Rao New Delhi,
North Delhi DL 110006.

Subject: Legal Demand Notice for Refund and Compensation.

RE: Deficiency of Service, Unfair Trade practice, and notice of

claim for refund and compensation for mental harassment in
respect of booking the air ticket on 3 rd February 2023 on your
website.
Sir/Madam,

Pursuant to the instructions from my client Mr. Deepak Mahendra

Mishra, resident of Mumbai, I hereby serve you with this legal demand
notice to bring your attention to the serious misconduct, deficiency in
service, unfair trade practice and illegal activities committed by you, which
have caused significant harm and financial loss to my client. We must
address you as under:

1. My client states that he had availed the service and facility of booking a
flight tickets along with his wife with you on 03-02-2023 for his trip of
Varanasi to Delhi, abiding all the rules and regulations provided by the
noticee on their website.

2. My client states that two individual tickets were booked of Spice Jet
Airline on 3rd February, 2023 of Varanasi to Delhi at IST 19:24 with total
cost of Rs. 5,150/- (Rupees Five Thousand One Hundred and Fifty Only),
through your booking portal with containing ticket nos. H9Y1Y5 and
H9Y1Y5. Mentioned below are the booking details of the flight:
Date Airline Departure Arrival Booking ID
06/02/2023 Spice Varanasi Delhi VID4458636188
Jet (VNS) (DEL)
SG-390

3. My clients booked the tickets for his personal trip following all the
guidelines mentioned on your online portal though Google Pay transaction
Id No. 303401620296 and the said amount was received in the account of
Noticee no. 2, wherein you agreed to provide them with travel tickets in
exchange for the payment of money. Upon payment of the agreed amount,
you given confirmation for successful booking of the travel ticket, and sent
him the confirmation email and text for the successful booking of air
tickets.

4. My client further states that in order to confirm his air tickets booking,
he went back to your online booking site after receiving the confirmation
ID for checking and confirmation. There he was shocked and taken aback
to learn that you had rejected the booking without providing a good
enough explanation for the cancelation of the aforementioned booking of
air tickets.

5. My client states that as soon as he saw the situation above and got to
know regarding the deficiency in service and intention to deceive my
client, immediately he called the customer service number and wrote an
email on the email which was provided on your online booking website to
enquire about the cancellation of the booking and to get a refund of the
booking tickets. My client goes on to say that he attempted to get in touch
with you for multiple times via phone calls, emails, and messages, but he
was left unassisted and all his efforts were in vain.

6. By inducing my client into availing your service, you made false

representations regarding the payment terms and the services to be
rendered.

7. Your actions qualify as inducement and cheating under Section 420 of

the Indian Penal Code, as they were intended to deceive my client and
induce them to part with their money in an unlawful manner, which is a
punishable offence under the eyes of law.
8. My client has been made to suffer because he could not complete the
valuable trip which he was supposed to take with his spouse but he was
not able to make that trip possible due to your arbitrary and unjustified
cancellation of the booking, this led to an environment of havoc and
following all the later plans were forced to change which impacted my
client personally, mentally and financially.

9. My client states that the noticee no. 3 to 5 are the directors of noticee
no. 1 & 2 and have reserved all rights to act, handle day to day affairs of
the noticee no. 1 & 2 and in charge and responsible for the conduct of the
business.

10. For all the abovementioned reasons, I hereby call upon you to refund
the entire transaction amount of Rs.5,150/- (Rupees Five Thousand One
Hundred and Fifty Only) and pay compensation in the amount of Rs.
2,00,000/- (Rupees Two Lakhs Only) to my client for the damages caused
by your breach of contract, misrepresentation, cheating and criminal
breach of trust.

11. You are directed to pay the said amount to my client within 15 days of
the receipt of this legal demand notice, failing which my client will be free
to approach the doors of Consumer Forum under Section of the Consumer
Protection Act, 2019. My client will also be forced to approach the criminal
courts under Section 420 of the Indian Penal Code for the act of
misstatement of facts, cheating, inducement, criminal breach of trust and
mental harassment by you.

12. In the above-mentioned facts and circumstances, my client once again

instructs me to call upon you to send a legal notice for repayment of the
paid amount and damages to be paid for the mental agony and stress
which client has been made to go through.

13. You are advised to take this notice seriously and comply with the
demand within the stipulated time, otherwise my client will be
constrained to initiate appropriate legal action against you at your own
risk, cost, and consequences.

Kindly acknowledge the receipt of the notice.

Yours’ Faithfully
Sunil Dubey

Advocate