DATE OF FILING : 30.7.2015
IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 28th day of February, 2017
Present :
SRI. S. GOPAKUMAR PRESIDENT
SMT. LIZAMMA ABRAHAM. K. MEMBER
SRI. BENNY. K. MEMBER
CC NO.226/2015
Between
Complainant : Baby K.J.,
Karimbanackal House,
Parathodu,
Idukki.
(By Adv: C.K. Babu)
And
Opposite Party : Rajan P.K.,
Panamkunnel House,
S.N.C. Institute,
Parathodu, Idukki.
(By Adv: P.A. Suhas)
O R D E R
SRI. S. GOPAKUMAR (PRESIDENT)
Case of the complainant is that,
Complainant has approached the opposite party on 11.7.2014 for getting passport for his twin children, sicne the opposite party is running an institute in the name and style S.N.C. Institute and extending various types of services including processing of passport application. Along with the application, complainant entrusted the certificate of his daughters such as SSLC, copy of Adhar Card, ration card and original birth certificate, as demanded by the opposite party.
Thereafter the complainant approached the opposite party and enquired the progress of his application. But the opposite party returned the complainant with some lame excuses. In the meantime, complainant came to know that the passport can be availed within a period of one month after submitting application. Hence the complainant filed a petition
(cont.....2)
- 2 -
before the President, Merchant Association, Parathode, in which the opposite party is also a member in the association. When they approached the opposite party, the opposite party demanded Rs.1000/- as his service charge. So the petitioner entrusted Rs.1000/- on 10.7.2015 to the president. Thereafter also opposite party not turned up and the complainant understood that opposite party has not extended any service as he agreed. Due to the negligent act of opposite party, the complainant lost one year and the original birth certificate is also with the custody of opposite party. Hence the complainant is unable to do anything without the original birth certificate.
Under the circumstance, the complainant approached the Forum and filed the complaint alleging deficiency in service from the part of opposite party and for getting the relief such as to direct the opposite party to pay an amount of Rs.25000/- for damages and Rs.15000/- for litigation expenses.
Upon notice, opposite party entered appearance and filed written version. In the written version, opposite party admitted that complainant approached him for processing passport for his daughters and opposite party processed his application and proceeded further through online and arranged appointment in the Passport Seva Kendram. Opposite party further contended that not a single pie was received from the complainant as consideration, except the requisite fees. Hence there is no deficiency in service from the part of opposite party in this matter.
Complainant was examined as PW1 and Exts.P1 and P2 marked. Ext.P1 is the scrabble note issued by the opposite party. Ext.P2 is the copy of complaint lodged before the president, merchant association. From the defence side Ext.R1, copy of passport application marked.
Heard both sides.
The point for consideration is whether there is any deficiency in service from the part of opposite party and if so, for what relief the complainant is entitled to ?
(cont.....3)
- 3 -
The POINT :- We have considered the rival contentions and gone through the documents. It is not disputed that the complainant entrusted some documents and some amount as fee to the opposite party for applying passport for his twin children. Moreover, counsel for the opposite party submits that opposite party acted bonafidely and opposite party remitted the fees and proceeded the application for passport. Ext.R1, copy of the passport application substantiates his version. By going through the exhibit, Forum convinced that it is a computer print out of one the daughter’s passport application form. We, the Forum is of the opinion that, the copy of the application form is not sufficient to prove his contentions. Here the question arises that, whether the opposite party submitted this application to passport authority ? whether the passport authority accepted the application and given any registration number ? whether he remitted the requisite fee along with the application ? if so, what is the result ? whether he got any intimation from the passport office through post or online? Without answering these questions, the plea of the opposite party cannot sustainable. Exts.P1 and P2 are not denied by the opposite party. It is the primary duty of the opposite party to produce the further proceedings which he initiated for getting the passport. For strengthening his plea without having any sufficient materials, we cannot believe whether the opposite party extended his service to the complainant as promised. Hence the point discussed above is found in favour of the complainant.
On the basis of above discussion, we are of the considered view that, the complainant established deficiency in service from the part of opposite party with clear and cogent evidence. It is also to be noted that the act of opposite party caused much mental pain and damages to the complainant. He lost one year only due to the negligent act of the opposite party.
Hence the petition allowed. The Forum directs the opposite party to pay an amount of Rs.7000/- to the complainant as compensation and
(cont.....4)
- 4 -
Rs.1000/- as litigation cost within 30 days of receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default, till its realization.
Pronounced in the Open Forum on this the 28th day of February, 2017
Sd/-
SRI. S. GOPAKUMAR (PRESIDENT)
Sd/-
SRI. BENNY. K. (MEMBER)
APPENDIX
Depositions :
On the side of the Complainant :
PW1 - Baby K.J.
On the side of the Opposite Party :
Nil.
Exhibits :
On the side of the Complainant :
Ext.P1 - scrabble note issued by the opposite party.
Ext.P2 - copy of complaint lodged before the president,
merchant association.
On the side of the Opposite Party :
Ext.R1 - copy of passport application marked.
Forwarded by Order,
SENIOR SUPERINTENDENT
