Advance payment to Homestay owner. Claimed after more than three years.

Question

► I had made advance payment for availing the Homestay facility during July 2022. However i could not go there. Now when i sought refund of the amount, the Homestay owner says that refund should have been claimed within two years. Now the claim is invalid. I would like to know whether what the owner is saying is legally correct.

Answer 1

Dear Client, as per your query, The homestay owner is also legally wrong in denying you the right to file a civil suit, even though she is right in stating the tight window of opportunity in consumer courts. Under the Consumer Protection Act, it is necessary to file a complaint within a span of two years, but under the Limitation Act, 1963, there is a three-year window in which you can file a civil suit against the homestay owner. Since the booking is in July 2022, you can file a case in a civil court up until July 2025. However, it depends on the specific circumstances of the booking, whether it was marked as “non-refundable” at the time of payment. I hope this answer is helpful. In case of further queries, please do not hesitate to contact us.
Thank You.

Advance payment to Homestay owner. Claimed after more than three years.

1 Answer