The Haj Committee of India (HCoI), a statutory body under the Ministry of Minority Affairs, Government of India, has clarified its operational status and immunity from claims under the Consumer Protection Act, 2019, urging pilgrims to understand the legal framework governing Haj services.
What HCoI Does
Constituted under Act No. 35 of 2002, the HCoI facilitates Indian pilgrims undertaking the Haj pilgrimage. It functions on a “No Profit No Loss” basis and collects only those charges necessary to cover the cost of services arranged through various government and private agencies. No extra amount is levied beyond the Non-Refundable Processing Fee and Miscellaneous Dues, which cover administrative costs, including those of State Haj Committees (SHCs).
Not Covered Under Consumer Law
Crucially, the HCoI has clarified that it does not fall under the scope of the Consumer Protection Act, 2019. This means pilgrims cannot claim compensation from the Committee for any service-related deficiency or inconvenience. Such claims are not maintainable under consumer law or any other legal provision, especially in cases involving issues beyond the Committee’s control.
This position is reinforced by the Supreme Court of India’s judgment dated April 16, 2013, which barred all courts and authorities from interfering in the Haj process. The ruling recognized the religious, international, and logistical sensitivities involved in organizing the pilgrimage.
Why This Matters to Pilgrims
The HCoI acts as a facilitator between Indian pilgrims and the various service providers, especially in Saudi Arabia. Its role is primarily administrative, and it does not operate as a commercial or service-for-profit entity. Pilgrims are strongly advised to carefully read the official Guidelines issued by the HCoI and their respective State Haj Committees before proceeding with applications or making payments.
Final Word
The message is clear: Haj pilgrims should not expect consumer-style legal remedies for service issues during the pilgrimage. The HCoI performs a public service within a legal and statutory framework, and any disruptions or deficiencies arising due to external factors cannot be legally challenged under the Consumer Protection Act.
For more information or clarifications, pilgrims are encouraged to contact their State Haj Committees or visit the official website.
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