TICO Convictions
In November of 2014, TICO began receiving complaints from consumers who booked 2014 Hajj Tour Packages with 1176630 Ontario Inc. o/a Esna Travel and Tours (Esna Travel), Ghulam Mustafa Wahabi or Rollah Zahir, which led to charges and a recent conviction.
Consumers made cash and cheque payments, but failed to receive travel services. Esna Travel was registered as a travel agent and travel wholesaler until Jan. 18, 2016, when it voluntarily terminated its registration. Wahabi and Zahir have never been registered as travel agents. All three operated in Toronto and elsewhere in Ontario.
TICO laid charges against all parties involved. This was a complex prosecution, which resulted in the most comprehensive restitution paid to consumers. All consumers who made a claim to the Ontario Travel Industry Compensation Fund were reimbursed in full. A total of $290,100 was reimbursed to consumers through the Fund, Esna Travel and Wahabi. The Fund paid $142,300, of which $50,000 will be recovered through the restitution paid by Zahir.
In another matter, 501159 Ontario Limited o/a Executive Worldwide Travel (Executive Worldwide) and Zakaria Sheikh each pled guilty and were convicted of two counts of failing to hold customer funds in trust, contrary to the Travel Industry Act.
The following sentence was imposed in relation to both counts: Zakaria Sheikh: a fine in the amount of $7,000 plus Victim Surcharge Fees, for a total of $8,750; Probation Order for two years; Free Standing Restitution of $39,735.38 payable to TICO. Executive Worldwide: Restitution, in the amount of $13,656.77 and US$2,290.85 payable to TICO; Fine of $5,000, per count, for a total of $10,000 plus Victim Surcharge Fees.
Sheikh was manager and president of Executive Worldwide, a registered travel agent under the Act, which voluntarily terminated its registration effective July 13, 2015.
