Hajj dream ruined, pilgrim wins Rs 2.09 lakh after 14 years

‘Company agreed for refund in its agreement’

• The consumer body found that the settlement agreement executed by the travel company clearly showed that they had agreed to refund the entire advance amount received from the complainant and other pilgrims.
• It noted that the agreement provided for repayment in instalments within a mutually agreed timeframe.
• It was further found that even after intervention by a few respectable persons of the society, the said company failed to completely refund the amount. 
• The commission accordingly directed the travel company to refund Rs 1 lakh, after adjusting the amount already paid to the complainant.
• The commission also directed the tour and travel company to pay Rs 1 lakh as compensation on account of pain, agony, harassment and financial loss. 
• The consumer body further directed the company to pay Rs 9,000 as litigation charges to the complainant. 

Failed Hajj pilgrimage, long legal battle

The case of the complainant was that in 2011, he came across an advertisement published in the daily newspaper “Greater Kashmir” regarding performance of Hajj pilgrimage next year and contacted Albalaagh Tours and Travels to book a trip for performing the Hajj pilgrimage. 

It was contended that after collecting the information, the complainant opted to perform Hajj in 2012 and accordingly advanced a sum of Rs 2.45 lakh to the said tour and travels company against proper receipt.

It was contended that the complainant accordingly made preparations and was ready in all respects to proceed to the Hajj pilgrimage. However, just days before the scheduled departure, the company allegedly informed him that his visa had not been issued, making it impossible for him to undertake the pilgrimage.

The complainant alleged that the said company had defrauded him and had been deficient in providing service to the complainant. 

The complainant alleged that the company had failed to provide the promised services and wrongfully retained his hard-earned money under the pretext of arranging the pilgrimage.

Despite repeated demands and a promise to refund the entire amount, he received only Rs 48,264 by cheque against the advance payment of Rs 2.45 lakh.

Claiming that the company’s conduct caused him immense mental agony, harassment and financial loss, the complainant approached the consumer commission seeking a refund of the balance amount of Rs 1.96 lakh, along with compensation and litigation costs.

The complainant was represented by advocate A A Shah. 

Aim of consumer laws

The consumer body observed that the object of the Consumer Protection Act, 1987 is to provide for better protection of the interests of the consumer and to settle consumer disputes quickly.

It was added that the aim of the Act is also to ward off the ordeals of an aggrieved consumer which he is likely to suffer while seeking an ordinary remedy in the form of a regular civil case.

The commission pointed out that the linchpin of the Act is to promote the welfare of society and enable the consumers to participate directly in the market economy. 

Travel company’s defence

The company resisted the complaint on the ground that they have not deviated from the terms and conditions laid down in the application form. 

It was contended that they were in New Delhi to arrange the visas for the complainant, who was supposed to depart for the Hajj pilgrimage on October 20, 2012, but for the reasons best known to the complainant and other pilgrims, they went to the police station and lodged an FIR against them on October 17, 2012. 

The company alleged that due to this FIR, the police concerned sealed its office on the same day, and this act on the part of the complainant and other pilgrims threw the whole process of pilgrimage in jeopardy, which finally resulted in cancellation of Hajj pilgrimage. 

Praying for the dismissal of this complaint, the said company further contended that the agreement for refund of money was violated by the complainant himself by approaching the criminal court and filing a criminal complaint. 

Significance of ruling

The ruling underscores that travel operators cannot retain consumers‘ money after failing to provide promised services, particularly where they have expressly undertaken to refund the amount. 

Consumer helpline number of respective state and national consumer commission: For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Jammu and Kashmir Consumer Commission Helpline: 1800 180 7114) or call the National Consumer Helpline at 1915 for assistance.