Haj pilgrims not ‘consumer’ under Section 2(1)(d) of the Consumer Protection Act, cannot claim compensation

National Consumer Disputes Redressal Commission (NCDRC): The perusal of the ‘Green’ guidelines for Haj-2008 in its clause 18 gave clarity on “Haj Committee of India not being in the purview of Consumer Protection Act 1986, which is not liable to compensate any pilgrims intending to go on ‘Haj’ pilgrimage.” The Bench comprising of V.K. Jain, J. (Presiding Member), dismissed the complaint on the above-stated basis.

The complainants were pilgrims intending to go for Haj pilgrimage and had applied accordingly. The procedure for the pilgrims to be chosen was done on the basis of draw of lots in which the complainants’ name appeared in a reserved quota and for that, they had paid an amount of Rs. 96,940/- which was the focal point of the complaint as the aggrieved had asked for the refund of the excess amount on not being accommodated in the ‘Green’ category and instead being placed in the ‘Azizia’ category but paying an amount equivalent to the same.

Therefore, the Commission on noting that the State Commission had allowed an appeal in favour of the complainants and the petitioner had filed a revision petition there against, concluded that the Haj Committee rendered its services without any profit motive and the pilgrims intending to go for the Haj pilgrimage, on their own, sign the declaration stating that they would not ask for any claims from the Haj Committee of India as it is not covered under Section 2(1)(d) of the Consumer Protection Act 1986 and thereby the consumer forum held no jurisdiction in the said case, which lead the NCDRC to set aside the impugned order and dismiss the complaint. [Haj Committee of India v. Abbas Ali, Revision Petition No. 981 of 2018, dated 04.06.2018]

Join the discussion

Your email address will not be published. Required fields are marked *