Irshad Hussain, President - (1.)THIS is complainant's appeal against the majority order dated 3.6.2009 passed by the District Forum, Haridwar, dismissing consumer complaint No. 76 of 2008. One of the Members of the District Forum, however, per his minority order dated 3.6.2009, allowed the consumer complaint with costs of Rs. 1,500 and further directing the opposite parties to refund sum of Rs. 32,100 with interest @ 9% p.a. to the complainant within the stipulated period. Sum of Rs. 32,100 was deposited on 26.6.2006 by the complainant, for and in connection with the Haj Pilgrimage, to be undertaken by him and his two other family members.
(2.)THE complaint was filed with the allegations that the complainant and his family members could not proceed for Haj Pilgrimage due to the fact that the telegram sent by the opposite party No. 1 was received on 24.12.2006, although the Haj Pilgrimage flight earmarked for him and his family members was scheduled for 16.12.2006. Alleging deficiency in service on the part of the opposite parties, complainant filed above -mentioned consumer complaint and made prayer for refund of sum of Rs. 32,100 deposited by him together with interest and further sum of Rs. 35,000 towards mental agony, harassment and litigation expenses.
(3.)COMPLAINT was contested on the grounds, inter alia that the applications of the complainant and his two family members under cover No. U.A. 504/03 for three persons, was among the 652 applications considered for Haj Pilgrimage against the cancellation of Haj seats from the confirmed pilgrims and were submitted on 3.12.2006 to the Royal Consulate General of Saudi Arabia, Mumbai for endorsement of Haj Visa on them; that on 8.12.2006, the Royal Consulate General of Saudi Arabia, Mumbai endorsed the necessary Haj Visa on these pilgrim passes and handed over the same to the Haj Committee of India on 11.12.2006; that the Haj Committee of India instantly issued telegram on the same day to the complainant; that no communication whatsoever was received from the complainant and the complainant and his family members did not turn up to undertake the journey for Haj Pilgrimage on the stipulated date, i.e. , 16.12.2006 and were, thus, treated as non -reporter/no show causes and in terms of the guidelines for Haj, no claim for refund was entertainable. According to the opposite parties, no deficiency in service has been made and the complaint deserves to be dismissed on that ground alone. Certain other legal pleas were also taken by the opposite parties.
The District Forum accepted the stand taken by the opposite parties and dismissed the consumer complaint by the order impugned.