CC No.892.2014

Filed on 16.05.2014

Disposed on.23.01.2017

BEFORE THE III ADDITIONAL BANGALORE URBAN DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM,

BENGALURU– 560 027.

DATED THIS THE 23^rd DAY OF JANUARY2017

CONSUMER COMPLAINT NO.892/2014

PRESENT:

Sri.  H.S.RAMAKRISHNA B.Sc., LL.B.

        PRESIDENT

              Smt.L.MAMATHA, B.A., (Law), LL.B.

                     MEMBER

                                              V/S

ORDER

BY SRI.H.S.RAMAKRISHNA, PRESIDENT

1. This Complaint was filed by the Complainant on 16.05.2014 U/s 12 of the Consumer Protection Act, 1986 and praying to pass an Order directing the Opposite Party to pay a compensation of Rs.1,00,000/- and other reliefs. 

2. The brief facts of the complaint can be stated as under:

In the Complaint, the Complainant alleges that he applied for a Fresh Passport online on 6^th April, 2014 his online application generated an Acknowledgement letter which stated that his Interview was fixed on 9^th of May, 2014.  He learnt that it would take at least a month’s time, since the interview date, to get the passport.  As he was to leave for a Conference in Kuala Lambur which is scheduled 7^th of June, 2014.  He wanted to get the passport quick.  On knowing that there are agencies that would fix up Emergency appointments for the needy individuals, he got the contact details of MARS passport agency from just Dial.  Then, on 10^th April 2014, he contacted MARS agency.  A person named Manjula picked up the phone and answered his call and he explained his situation. She promised that her agency people would get Emergency appointment for meat Passport Office within 4 to 5 days i.e., before 15^th April, they would get the appointment for him.  On the same day, they sent one of their staff/representative to his location.  He met him at Banaswadi and made the payment of Rs.2,000/- in cash for the service they proposed to offer.  Emergency Appointment at Passport Office.  They asked for the User name and Password of his Passport Application page on http://www.passportindia.gov.in and he provided the same to them through an SMS on the same day.  Five days later i.e., 15^th April, 2014 when he contacted the person from MARS, she did not pick up the phone first.  Then, he sent a message and waiting for your update”.  And again called, she picked up and told him that he should not call her and she would call him post 6.30 p.m.  He waited for the call, No response.  Then he reminded her of her promise.  She sent a message saying that “Thursday and Friday, Passport office leave”.  Then, he sent a message to her saying “it will not be useful to him, if you don’t get the appointment before the end of this week as he will be out station next week”.  When he approached the Agency first, she had promised that she would fix up the appointment within 4 to 5 days of the payment.  The agency was supposed to fix up the appointment on or before 15^th of April.  But, they did not.  Then, he got a call from their office saying that they would fix up the appointment 21^st of April, but he said “No”.  Since he would be out of station the whole of the coming week, he fix up the appointment on 29^th April”.  She said that she would do the same.  He went out of state on Job.  He was still out of station but he called her on 28^th April to know about the appointment.  The person who picked up the Phone could not understand his request.  She was a different person.  She called him back from a different number.  He had to give a brief of the previous conversations he had with Ms.Manjula.  She said that no appointment was fixed in his name then, she asked him for by user ID and Password again so that she could fix it now.  He felt really bad about their unprofessional attitude and behavior.  However, he hoped that she would be able to fix up.  He gave his password and User name via SMS again.  He called her and told her that she should fix the appointment latest by 30^th April or else refund the payment.  On 30^th April, he sent an SMS, he hope the emergency appointment today” but the reply he got was “Ur good name sir”.  It shows that she had not remembered his number and the request he had made and the conversation between her and him that took place 2 days before,  Later, on the same day i.e., 30^th April, she said that his appointment could not be fixed be fixed so she would refund the payment.  He said ok and sent her his Bank Account Details for the refund.  He had a bitter experience interacting with them and his work was not done despite he made the payment on the same day they asked for it. He made the payment on 10^th April, 2014 and after 20 days of continuous follow up phone calls,  and reminders, on 30^th April, 2014, he agency said they would not be able to fix up the appointment.  By then, he made up his mind that he would go with the regular appointment given by the Passport Seva Kendra i.e., 9^th May, 2014 and no need for any emergency appointments.  Starting from May 1^st, he called them for his refund so many times.  After 6 days follow up, the agency deposited Rs.1,500/- in his account.  They did not bother to inform him that they had deposited the amount in his account.  As he had his Passport Office interview on 9^th May, he was busy ad could not check his account.  On 9^th May, he went to the Passport office, waited in the queue for more than 2 hours, finally when he reached the Reception Desk of the office.  The officer in charge of the desk, after checking out his system, told him that his appointment had been cancelled.  He really got a shock of his life.  Then, the officer asked him” Did you give the User Name and password but he realized that the MARS agency had cancelled it in an attempt to reschedule his appointment.  The officer told him that he could not do anything that he had to fix a new appointment which would come a month later.  To him from MARS never told him that they had cancelled his appointment.  They did not even bother to inform him of the changes they made.   The net result is: he approached MARS agency for Emergency Appointment.  They did not fix the appointment for him but, instead, they cancelled the appointment he had earlier fixed online.  They did not refund the full amount he had made.  They deposited Rs.1500/- only.  They deducted Rs.500/- for whatever reasons best known to them.  They humiliated him by not responding to his calls and messages.  He suffered a lot at their hands.  Due to the problem they created, not able to get the passport in time and unable to go to Malaysia to attend the conference. Hence, this complaint. 

3. In response to the notice, the Opposite Party put their appearance through their counsel and filed their version.  The Opposite Party in their version pleaded that the complaint is unsustainable both in law as well as on facts.  The Complainant had contacted the Opposite Party agency on 10^th April, 2014 that he wants assistance to getting the emergence passport appointment and he requested the Opposite Party agency to get the emergence appointment for passport within the 4 to 5 days.  The Opposite Party representatives had explained the Complainant that it is not possible to get the appointment within 4 to 5 days and it will take 10 to 15 days’ time because the passport Seva Kendra is not working in Saturday and Sunday and they have only 5 days in a week and process of fixing the shortest dates to get the appointment is not possible otherwise it has been cancelled to get the nearest date.  After explanation the Complainant had agreed and the representative took the user name and password because the Complainant already applied and appointment was fixed and also process fee of Rs.2,000/.  After the receipt of user name, password and payment, his representatives have in search of the appointment date through online processes nearly 5 to 6 days later they got the date of appointment on 21^st April, 2014 and the same has been informed to the Complainant and he agreed that he will go on the 21^st April, 2014 for verification of documents.  It is known to the Complainant that the appointment had been fixed on 21^st April, 2014 but he could not appeared before the Passport Seva Kendra and he made unnecessary allegation against the Opposite Party.  On 28^th April 2014 the Opposite Party came to know that the Complainant had not been appeared before the Passport Seva Kendra, it is the duty of the Complainant to go and attend on the fixed date of appointment and it is clearly shown that the Complainant negligence and it is none of his business, only fix up the appointment date is his duty, and after within a week he made the refund of Rs.1,500/- deducting the Rs.500/- for getting the appointment charges.  At the time of payment and as well as user name and password it is informed to the Complainant if you want the emergence appointment he will cancelled the earlier fixed appointment and he agreed the same and the Complainant no need to go on the 9^th May, 2014 to Passport Seva Kendra and it is clearly establish that the Complaint knowingly had no gone on 21^st April, 2014 it is the negligence of Complainant and the Opposite Party have not liable any consequences.  The Opposite Party had informed to the Complainant before fixing the appointment on 21^st April, 2014 and it is confirmed by the Complainant and after confirmation made by the Complainant the date was fixed and it is knowingly the Complainant had not gone to the documents verification on the fixed date it is clearly shows the negligence conduct of the Complainant and it is to the negligence of the Opposite.  Hence prays to dismiss the complaint.
4. The Complainant, Ananth Arumugam filed his affidavit by way of evidence and closed his side.  On behalf of the Opposite Party, the affidavit of one Sri.Rajith Kumar has been filed.  Heard the arguments of both parties.  

5.      The points that arise for consideration are:-

1. Whether the Complainant has proved the alleged deficiency in service by the Opposite Party ?
2. If so, to what relief the Complainant is entitled?

6.     Our findings on the above points are:-

                POINT (1):- Negative

POINT (2):-As per the final Order

REASONS

7.   POINT NO.1:- It is the case of the Complainant that he had applied for Passport online on 6^th April, 2014 and his Interview was fixed on 9^th of May, 2014 near to get the passport.  The Complainant had approached the Opposite Party agencies to fix the Emergency appointment to get the Pass Port early.  On 10^th April 2014, the Complainant contacted the Opposite Party’s person named Manjula he explained his situation and she promise to get agency people would get Emergency appointment to meat Passport Office within 4 to 5 days i.e., before 15^th April.  On the same day, they sent one of their staff/representative to his location at Banaswadi and made the payment of Rs.2,000/- in cash and they asked for the User name and Password five days later i.e., 15^th April, 2014 when he contacted the Opposite Party person, she did not pick up the phone.  Then, he sent a message and again called, she picked up, then he reminded promise by sending message.  She sent a message saying that “Thursday and Friday, Passport office are not working.  Then, he sent a message to her saying “it will not be useful to him, if don’t get the appointment before the end of this week as he will be out station”.  When he approached the Agency first, she had promised that she would fix up the appointment with in 4 to 5 days of the payment.  The agency was supposed to fix up the appointment on or before 15^th of April.  But, they did not.  Then, he received the call from the Opposite Party Office, they would fix up the appointment on 21^st of April, but he said “No”.  As he would be out of station and fix the appointment on 29^th April”.  He said know he would be out of station the whole of the coming week, he fix up the appointment on 29^th April 2014 and she would do the same.  He went out of state on Job.  But he called her on 28^th April to know about the appointment.  The person who pick up the Phone could not understand his request.  She was a different person.  He had to give a brief of the previous conversations made with Ms.Manjula and she said that no appointment was fixed in his name and she asked him User ID and Password again and called her and told her that she should fix the appointment at least by 30^th April or else refund the payment.  On the same day she replied i.e., 30^th April his appointment could not be fixed so she would refund the payment.  He said ok and sent her his Bank Account Details for the refund.  The 1^st May, he called them for his refund.  After 6 days follow up, the agency deposited Rs.1,500/- in his account.  They did not bother to inform the same.  In order to substantiate this, the Complainant in his sworn testimony, he reiterated the same and produced the Invoice.  As looking into the Invoice No.840 dt.10.04.2014, under this Invoice the Opposite Party received Rs.2,000/- from the Complainant and also produced the Pass Port Application.  By looking into this, it reveals that the Complainant applied for Passport on 06.04.2014 and Passport Authorities given the appointment date on 09.05.2014.  From this evidence, it is very clear that the Complainant first applied for Passport on 06.04.2014 and Passport Authority was fixed the appointment date on 09.05.2014 the Complainant wants quick of Passport, for that reason he approached the Opposite Party by paying a sum of Rs.2,000/-.  To substantiate that he was on out of station for 3^rd week even according to the Complainant he received from the Opposite Party about fixing of the appointment on 21.04.2014, for that reason he was out of station and you can fix appointment on 29.04.2014.  Even for this also there is no evidence and he requested the Opposite Party to fix the date on 30.04.2014 but the Opposite Party fails to fix the same for that reason he demanded for refund of amount at his request the Opposite Party have refunded the sum of Rs.1,500/- out of Rs.2,000/- by deducting Rs.500/- this fact is very clear, by looking into the Bank Statement of the Complainant himself.  The Opposite Party had refunded a sum of Rs.1,500/- out of Rs.2,000/- after deducting Rs.500/- for getting appointment charges.  As the defence taken by the Opposite Party, the Opposite Party after taking the User ID and Passport from the Complainant they have fixed the appointment of the Complainant on 21.04.2014 and the same was informed to the Complainant.  But the Complainant fails to appear before the Passport authorities on 21.04.2014 in support of these defence, Rajath Kumar Chairman of the Opposite Party in his sworn testimony, he reiterated the same.  This evidence of the Complainant remains unchallenged.  Therefore, it is proper to accept the contention of the Complainant that the Complainant fails to appear before the Passport Authorities on 21.04.2014 thereby, the Opposite Party have render service has accepted by them for receiving Rs.2,000/-.  Since the Complainant has failed to appear and again requested for another date, on the ground he was out of station and requested to fix up the appointment on 30^th April but it was practical of the Opposite Party, for that reason the Complainant demanded for refund of the amount and at his request after deducting the appointment charges of Rs.500/- the Complainant refund the sum of Rs.1,500/- by remitting to his account.  Thereby, there is no deficiency of service on the part of the Opposite Party.  The Complainant fails to prove the alleged deficiency of service by the Opposite Party.    Hence, this point is held in the Negative.

8. POINT NO.2:- In the result, for the foregoing reasons, we proceed to pass the following order:

ORDER

The Complaint is dismissed. No cost.

Supply free copy of this order to both the parties. 

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this, 23^rd day of January 2017)

        MEMBER                                              PRESIDENT

LIST OF WITNESSES AND DOCUMENTS

 Witness examined on behalf of the Complainant:

1. Sri.Ananth Arumugam, who being Complainant has filed his affidavit.

 List of documents filed by the Complainant:

1. Invoice dt.10.04.2014
2. Generally Used Abbreviations
3. Application Details

Witness examined on behalf of the Opposite Parties:

1. Sri.Rajith Kumar, on behalf of the Opposite Party by way of affidavit.

List of documents filed by the Opposite Party:

                             -Nil-

MEMBER                                                                             PRESIDENT