Know the consumer protection law in UAE before lodging a complaint.
Published: Sun 23 Feb 2020, 12:40 PM
Updated: Sun 23 Feb 2020, 2:53 PM
Question: I and my husband bought a travel package for Dh7,000 from a company based in Al Ain. The travel package offered various benefits such as a complimentary Umrah package in December 2019, 15-20 per cent discounts on flight tickets, a one-day staycation in the UAE, 14-day stay around the world, discounts on meals, to name a few. However, when I tried to avail the aforesaid benefits, my applications were rejected by the firm. Further, it refused to refund the amount paid for the travel package citing company policy. How can I recover the money that I have paid to the said company?
Answer:
Pursuant to your query, it is presumed that at the time of purchasing the travel package you may have signed an agreement between you and the company or you may have signed the terms and conditions of the travel package wherein the rights and obligations of the parties to the agreement would have been stipulated. Further, it may be noted that the provisions of Federal Law No. (5) of 1985 on Civil Transactions Law of the United Arab Emirates (the 'Civil Transactions Law') and Federal Law No. (24) of 2006 on Consumer Protection ('Consumer Protection Law') shall be applicable.
As per the provisions of the Consumer Protection Law, a Consumer Protection Department is instituted under the Ministry of Economy, wherein a consumer may file a complaint before the department. This is in accordance with Article 4 (6) of the Consumer Protection Law which states:
"A department shall be set up in the Ministry under the name of The Consumer Protection Department and shall carry out the following competencies:
(6) Receive consumers' complaints and adopt the procedures in this regard or refer them to the competent authorities. The complaint may be submitted directly by the consumer, and may be submitted by the consumer protection association for it is considered a representative of the complainant."
Based on the aforementioned provision of the Consumer Protection Law, you may file a complaint against the company with the Consumer Protection Department based in the Abu Dhabi Department of Economic Development Office.
Further, as per the provisions of the Civil Transactions Law, the parties to an agreement have an obligation to each other to perform the contract in a manner which is in consonance with principles of good faith. This is in accordance with Article 246 (1) of the Civil Transactions Law which states:
"The contract shall be implemented, according to the provisions contained therein and in a manner consistent with the requirements of good faith."
Therefore, it may be construed that the company from which you and your husband purchased the travel package may not be acting in good faith as they have breached their obligations by rejecting your applications for availing the benefits which were promised to you.
You may lodge a complaint against the company at the Alternative Dispute Resolutions Sector (the 'ADR Sector') formed by the Judicial Department of Abu Dhabi. While filing the civil complaint against the company, it would be prudent on your part to take along with you any supporting documentary evidence (agreement with the company, payment to company, your applications to avail their services as stated by you) and submit them to the ADR Sector for registering the complaint. You may approach the ADR Sector for further details.
Know the law: As per the provisions of the Civil Transactions Law, the parties to an agreement have an obligation to each other to perform the contract in a manner which is in consonance with principles of good faith.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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