DISTRICT FORUM :: KADAPA Y.S.R DISTRICT
PRESENT SMT. K. SIREESHA, B.L., PRESIDENT FAC
SRI M.V.R. SHARMA, MEMBER.
Wednesday, 08th January 2014
CONSUMER COMPLAINT No. 33/ 2013
Smt G. Lakshmi Devi, Age: 44 Years,
W/o. G. Rama Subba Reddy,
D.No. 20-1120-D,
R.K. Nagar (Near Ramesh Cinema Theatre Line),
Kadapa – 516 001. ... Complainant.
Vs.
1. The Regional Passport Officer,
D.No. 8-2-215 to 219,
Kummaraguda (Near Prasanth Theatre),
Secunderabad – 500 003. Andhra Pradesh.
2. The Passport Officer,
Passport Seva Kendra,
D.No. 19-4-9, R 101 to 105 (Prince Avenue),
Annamaya Marg, Tirupati – 517 501.
Andhra Pradesh. ….. Respondents.
This complaint coming on this day for final hearing on 04-01-2014 in the presence of Smt. G. Lakshmi Devi appeared as Inperson, R1 appeared as Inperson and R2 called absent and set exparty on dt. 02.01.2014 and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per SMT. K. SIREESHA, PRESIDENT FAC),
1. Complaint filed under section 12 of the Consumer Protection Act
1986.
2. The complainant had applied for Passport on dt. 05.08.2011 along with the application she had sent a DD for Rs. 1,000/- of State Bank of India, Yerramukkapalli, Kadapa. After that the police came for enquiry, at that time the complainant and her husband were not in the house. Then the police reported that they are not residing in that address. The police sent a letter to the Passport Office. Knowing this the complainant and her husband went to Passport Office situated at Secunderabad, dt. 27.04.2012 and handed over the enquiry letter to the Passport Officer. Then they said that they will send a enquiry officer within one week, they collected their cell phone numbers also. After that they did not made any enquiry up to six months. Again on dt. 19.11.2012 the complainant met the Passport Officer at Secunderabad and had given the zerox copy letter dt. 27.04.2012 for re-enquiry. Further they replied that these applications were closed on dt. 05.07.2012 and the complainant have to apply for a new one within 90 days through Online at Tirupati Passpost Seva Kendra. For this there is no need to pay the fees again.
[3. After 43 days on dt. 01.01.2013 the complainant got Online appointment from Tirupati Passport Seva Kendra and attended the same at 11:20 Am and produced residence certificate and closed application. They asked for another residence certificate as the complainant not having that they had given dt. 03.01.2013 to attend again. The complainant and her husband on dt. 03.01.2013 went to Tirupati Passport Office along with another residence certificate. The complainant submitted all those along with closed application again they demanded Rs. 1500/- fees. As there is the condition in the closed application that no fees should be paid within 90 days. The Tirupati Passport Office Authorities demanded for Rs. 1500/- fee. Again we had given Rs. 1500/- to the Passport Officer, Tirupati. The complainant got the Passport all this procedure was completed by 4:00 Pm on dt. 03.01.2013.
4. The complainant sent a registered letter to the Secunderabad Passport Officer, stating all the above re-payment of Rs. 1500/- fees to the Thirupati Passport Office at Thirupati Passport Office. On dt. 07.02.2013, 23.02.2013 and 14.03.2013. If they did not repay Rs. 1500/- fee which was paid by the complainant at Thirupati Passpost Office the complainant will proceed to the Consumer Forum for justice. On this letter there is no response to the complainant. As the Passport application was submitted at Kadapa Superintendent Office. This complaint comes under the jurisdiction of District Consumer Forum, Kadapa.
5. The complaint prays the Hon’ble Forum to direct the respondents 1 and 2 :-
a) To repay Rs. 1500/- which was paid by the complainant second time.
b) The travel charges for Secunderabad Rs. 4,000/-
c) Rs. 1500/- which was paid at Thirupati Passport Office.
d) For mental agony Rs. 50,000/-
e) For three times registered post and zerox expences Rs. 3,000/-
f) And the cost of the complaint Rs. 1500/-, in total Rs. 60,000/- to the
complainant.
6. R1 sent a letter through registered post that he has not received any copies of the complainant. R2 set exparty on dt. 02.01.2014. Exhibits A1 to A12 marked on behalf of the complainant. From the above averments these points were taken for consideration:-
1) Whether the complainant is eligible for compensation as prayed by Her or not ?
2) Whether there is any negligence or deficiency of service on the part of the respondent no. 1 and 2 or not ?
3) To what relief ?
7. Point No. 1 & 2:- It is very clear from Ex. A1 that the complainant had applied for passport at Kadapa Office. Ex. A2 clearly shows that she had paid Rs. 1,000/- through DD from State Bank of India, Yerramukkapalli, Kadapa on dt. 19.07.2011. Ex. A3 and Ex. A4 are the request letters for re-enquiry from the complainant to the Passport officer, Secunderabad. Ex. A6 is the Online appointment letter from Passport Office, Thirupati. Ex. A9 clearly shows that the complainant had again paid Rs. 1500/- at Passport Seva Kendra, Thirupati. Ex. A10 are the letters from the complainant to the Passport Officer, Secunderabad. From the above all exhibits it is very clear that the complainant had paid passport fees two times. The complainant had sent three letters to the passport Officer, Secunderabad for repayment of her additional fee of Rs. 1500/-, but there is no response from the respondent no.2. From the above averments it is very clear that there is deficiency of service and negligence on the part of the respondent no. 1 and 2. The complainant is eligible for compensation as prayed by her. Ex. A12 is the passport of the complainant.
8. Point No. 3:- In the result the complaint is allowed, directing the respondents 1 and 2 jointly and severally liable to pay Rs. 5,000/- (Rupees Five Thousand Only) towards mental agony to the complainant, Rs. 1500/- (Rupees fifteen hundred only) towards costs of the complaint, within 45 days of date of receipt of orders.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 08th January 2014.
MEMBER PRESIDENT FAC
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant: NIL For Respondent : NIL
Exhibits marked for Complainant : -
Ex. A1 Original Passport Application Receipt Cell, Kadapa dt. 05.08.2011.
Ex. A2 P/c of SBI, Yerramukkapalli, DD for Rs. 1,000/- dt. 19.07.2011.
Ex. A3 P/c of Re-enquiry letter of complainant to the Passport Officer, Secunderabad dt. 26.04.2012.
Ex. A4 P/c of Re-enquiry letter of complainant to the Passport Officer,
Secunderabad dt. 18.11.2012.
Ex. A5 P/c of letter of Regional Passport Officer, Hyderabad dt. 19.11.2012.
Ex. A6 P/c of Passport Online Application receipt. Dt. 01.01.2013.
Ex. A7 P/c of Residence certificate of complainant i.e., Smt. G. Lakshmi Devi.
Dt. 28.11.2012.
Ex. A8 P/c of Residence certificate of complainant’s husband Sri G. Rama
Subba Reddy.
Ex. A9 P/c of Passport Seva Fee receipt of complainant dt. 03.01.2013 of
Rs. 1,500/-.
Ex. A10 P/c copy :
1) letter of complainant to the Passport Officer, Secunderabad, dt. 07.02.2013.
2) Letter of complainant to the Passport Officer, Secunderabad, dt. 23.02.2013.
3) Letter of complainant to the Passport Officer, Secunderabad, dt. 14.03.2013.
Ex. A11 O/c of Postal RP receipts 3 nos. dt. 07.02.2013, dt. 23.02.2013 and
dt. 14.03.2013.
Ex.A12 P/c of Passport issued by the Passport office, Hyderabad of complainant Smt. G. Lakshmidevi. Dt. 17.01.2013.
Exhibits marked for Respondents : - NIL
MEMBER PRESIDENT FAC
Copy to :-
1) Smt G. Lakshmi Devi, Age: 44 Years, W/o. G. Rama Subba Reddy,
D.No. 20-1120-D, R.K. Nagar (Near Ramesh Cinema Theatre Line),
Kadapa – 516 001.
2) The Regional Passport Officer, D.No. 8-2-215 to 219,
Kummarguda (Near Prasanth Theatre), Secunderabad – 500 003.
Andhra Pradesh.
3) The Passport Officer, Passport Seva Kendra, D.No. 19-4-9, R 101
to 105 (Prince Avenue),Annamaya Marg, Tirupati – 517 501.
Andhra Pradesh.
P.P.R