Haj Committee Of India vs Mohd. Ayub Tonk & Anr

V.K. Jain, J

The complainant / respondent went for Haj pilgrimage arranged by the petitioner Haj Committee of India. While returning to India after the pilgrimage, the complainant was carrying 13 bags, which he deposited with the officials of OP-5 in the consumer complaint, namely, Director Aircraft Acquisition, Al Wafeer Airlines. The case of the complainant is that out of 13 bags, nine bags were returned to him while four bags were not returned by OP-5 in the consumer complaint. Being aggrieved, he approached the concerned District Forum by way of a consumer complaint impleading not only Al Wafeer Airlines but also the Haj Committee and its officers as the opposite parties in the complaint.

None of the OPs filed a written version contesting the complaint. The District Forum, therefore, allowed the consumer complaint against all the OPs. Being aggrieved from the order passed by the District Forum, the petitioner approached the concerned State Commission by way of an appeal. However, OP-5 in the consumer complaint was not impleaded as a party to the appeal. The said appeal having been dismissed, the petitioner is before this Commission by way of this revision petition.

This is complainant's own case that all the 13 bags were handed over by him to the officials of OP-5 in the consumer complaint, namely, Al Wafeer Airlines. If four out of those 13 bags have been lost, the grievance of the complainant would be against Al Wafeer Airlines and not against Haj Committee even if the Airlines was engaged by Haj Committee for the purpose of carrying the complainant to India. Therefore, the Fora below were not justified in allowing the consumer complaint against the persons other than Al Wafeer Airlines.

Even otherwise as held by this Commission in RP/981/2018- Haj Committee of India Vs. Abbas Ali & Anr. decided on 4.6.2018, the pilgrimages going to Haj cannot be said to be the consumers of Haj Committee within the meaning of Section 2(1)(d) of the C.P. Act and, therefore, no consumer complaint against the Haj Committee is maintainable. The following was the view taken by the Commission in this regard:-

"4. A perusal of the green Guidelines for Haj-2008 shows that the Haj Committee was set up under Act No. 35 of 2002 in order to make arrangement for the Indian Pilgrims intending to go on Haj Pilgrimage. Clause 18 of the said guidelines reads as under:

"18. I understand that Haj Committee of India, constituted under the Act of Parliament renders service to the Pilgrims without any consideration. I also understand that the services of Haj Committee of India are free of charge. Haj Committee of India, as such does not come within the purview of Consumer Protection Act of 1986. I therefore, shall not claim any compensation against Haj Committee of India under Consumer Protection Act."

It would thus be seen that the Haj Committee is rendering services without any profit motive and is collecting only the actual expenses incurred by it, on making arrangements for the Haj Pilgrimage. No fee or service charges are being collected by Haj Committee of India from the pilgrims, for reducing its services to them. Therefore, the complainants cannot be said to be the consumer of the Haj Committee of India within the meaning of Section 2(1)(d) of the Consumer Protection Act. Since the aforesaid guidelines are required to be signed by every applicant, the complainants themselves had agreed to the above referred position and accepted that they would not claim any compensation from Haj Committee under the Consumer Protection Act."

For the reasons stated hereinabove, the impugned order is modified to the extent that the complaint stands dismissed against OP NO.1 to 4 in the original complaint while it remains allowed in terms of the orders passed by the Fora below, against OP-5 in the consumer complaint, namely, Al Wafeer Airlines. The revision petition stands disposed of.