Lawyers urge criminal action against companies cheating umrah pilgrims

 

Legal practitioners have called for stricter enforcement against company owners who defraud customers through umrah packages, urging authorities to pursue criminal action rather than relying on civil claims. — NSTP FILE PIC

KUALA LUMPUR: Legal practitioners have called for stricter enforcement against company owners who defraud customers through umrah packages, urging authorities to pursue criminal action rather than relying on civil claims.

Legal adviser to the Malaysian Consumer-Friendly Association, Nik Saiful Adli Burhan, told Sinar Harian that although cases involving fraudulent travel agencies were not new, they were often categorised as civil disputes, particularly those involving breaches of contract, which offer weaker protection to consumers.

"When a travel package fails to be carried out despite full payment having been made, the case is frequently treated as a claim for money alone and not as a criminal offence.

"This has serious implications for victims because civil action usually takes a long time, involves high legal costs and does not guarantee the recovery of money within a short period," he said.

Nik Saiful said the recent incident involving a group of Malaysian umrah pilgrims stranded in Saudi Arabia underscored the need to reassess how such cases are classified and handled by the authorities.

He said that legally, there was a clear distinction between a breach of contract and criminal fraud, which depended on the intention of the party involved at the time payment was received from customers.

"If a company or the individuals controlling it already knew from the outset that they lacked the financial or logistical capacity to deliver the package offered, yet continued to make promises in order to obtain customers' money, the matter should be examined from a criminal standpoint," he said.

Nik Saiful said that early determination of whether a case involved criminal or civil elements was crucial and should be given due attention from the initial stage of investigations.

"The preliminary screening stage by investigating officers plays an important role in assessing whether elements of fraud exist," he said.

"This assessment is important to ensure that appropriate action can be taken," he said.

He also reminded that although a business operates as a private limited company, it does not mean that the individuals behind the management are fully absolved of responsibility.

"A company does not make decisions on its own; rather, the individuals who manage it, control its finances and make decisions must be held accountable if misconduct exists," he said.

This comes after 36 umrah pilgrims were reportedly stranded in Madinah. - NST