No Proper Accommodation Or Food During Umrah: Baramulla Consumer Commission Holds Travel Agency Liable
The District Consumer Disputes Redressal Commission, Baramulla/Bandipora, comprising President Peerzada Qousar Hussain and Member Nyla Yaseen, has held Al-Jannnat Travel Agency liable for deficiency in service and unfair trade practice for failing to provide the accommodation, food, transportation and other facilities promised under the Umrah package. Facts The complainant,...
The District Consumer Disputes Redressal Commission, Baramulla/Bandipora, comprising President Peerzada Qousar Hussain and Member Nyla Yaseen, has held Al-Jannnat Travel Agency liable for deficiency in service and unfair trade practice for failing to provide the accommodation, food, transportation and other facilities promised under the Umrah package.
Facts
The complainant, Abdul Rashid of Jetty-B, Khawajabagh, Baramulla, approached the Commission alleging deficiency in service and unfair trade practice on the part of Al-Jannnat Travel Agency in connection with an Umrah pilgrimage package.
The complainant had availed the services of the travel agency for performing Umrah and paid ₹6.25 lakh. He alleged that despite assurances regarding accommodation, food and other facilities, proper facilities were not provided upon reaching the destination.
The complainant stated that after reaching Makkah, the representatives of the travel agency disappeared and he was taken to a hotel by unknown persons who allegedly misbehaved with him. He further alleged that upon reaching Madinah, only limited meals were provided, as a result of which he fell sick. He further alleged that no medicine was provided to him and that no guide was provided despite repeated requests
Despite service of notice, the travel agency failed to contest the proceedings and was consequently proceeded against ex parte.
Commission's Observations
The Commission observed that the travel agency had accepted consideration for providing services but failed to provide the promised services and facilities to the complainant's satisfaction.
The Commission found that the unrebutted evidence led by the complainant inspired confidence regarding the assurances given by the travel agency at the time of booking the Umrah package concerning accommodation, transportation and allied services.
It held that the failure to provide the promised services amounted to deficiency in service as well as unfair trade practice under the Consumer Protection Act, 2019.
However, the Commission declined to direct refund of the entire package amount. It noted that the complainant had been provided with a visa and air tickets and had actually undertaken the journey.
Therefore, the Commission observed that it would not be just and proper to order refund of the entire amount since the travel agency had performed part of its contractual obligations.
The Commission also referred to the National Consumer Disputes Redressal Commission's decisions in M/s Cox and Kings Pvt. Ltd. v. Col. S.P. Putchala & Ors. and M/s Helio Travel v. Harish C. Jain & Anr., observing that a tour operator is liable where there is a shortcoming in the quality and manner of performance.
Decision
Partly allowing the complaint, the Commission directed Al-Jannnat Travel Agency to refund 15% of the package cost to the complainant and pay an additional ₹50,000 as compensation for not providing proper service. The Commission directed the travel agency to comply with the order within 45 days.
It further cautioned the travel agency to be more careful while conducting pilgrimage tours in the future and to ensure that no pilgrim is subjected to such deficiency in service.
Case Title: Abdul Rashid v. Al-Jannnat Travel Agency through its Proprietor Tahir Hassan Daand
Case No.: Consumer Complaint No. 35/2025
Appearance: Adv. Sheikh Irshad Rashid for the complainant; Opposite Party proceeded ex parte.