Punjab

Faridkot

CC/19/6

Manoj Aggarwal - Complainant(s)

Versus

Regional Passport Office - Opp.Party(s)

Amandeep Kaur

29 Apr 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

C. C. No. :               6 of 2019

Date of Institution:   7.01.2019

Date of Decision :    29.04.2019

 

Manoj Aggarwal aged about 43 years, Brij Lal Aggarwal s/o Banwari Lal r/o Main Street, Near Usha Mata Mandir, Partap Nagar, Kotkapura, District Faridkot.

 

...........Complainant

Versus

 

 

1.  Regional passport Officer, Amritsar SCO No.110, 2^nd – 4^th Floor, Raj Tower, District Shopping Centre, Ranjit Avenue, Amritsar-143001 through its Authorized Signatory.
2. Passport Sewa Kendra, 14 Mall Road, Near Custom Chowk, Amritsar-143001 through its Authorized Signatory.

 

............OPs

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum: Sh Ajit Aggarwal, President,

     Smt Param Pal Kaur, Member.

 

Present: Sh Atul Gupta, Ld Counsel for complainant,

              OPs Exparte.

 

ORDER

 (Ajit Aggarwal, President)

 

                                                                  Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Ops seeking directions to OPs to issue passport in the name of complainant and to pay

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Rs.50,000/- as compensation for mental agony and harassment besides litigation expenses of Rs.20,000/-.

 

2                                    Briefly stated the case of complainant is that he was born on 29.10.1980 at Kotkapura from the lions of Gobind Ram Mittal and Smt Suresh Kumari and since after his birth, he was given in adoption to Brij Lal Aggarwal and Shanti Devi. Adoption deed was executed and registered in the office of Sub Registrar on 30.05.2000 and in all the government IDs i.e Driving License, Aadhar Card, PAN Card etc, the name of complainant is shown as Manoj Aggarwal son of Brij Lal Aggarwal. It is submitted that complainant is holding an Indian Passport, which would expire in 2019. Said Passport, was issued on 13.12.1999 and in that passport name of complainant is written as Manoj Kumar Mittal as adoption deed was executed and got registered on 30.05.2000. It is further submitted that earlier complainant lived alongwith his adoptive parents in Chennai, but due to death of his adoptive mother, he alongwith  his adoptive father shifted to reside at Kotkapura. While living in Kotkapura, his father purchased immoveable properties which are mutated in his name. Complainant got married in 2001 and in the invitation card for his marriage and in Greh Paravesh Ceremony Cards, his name is written as Manoj Aggarwal son of Brij Lal Aggarwal. As passport issued to complainant was going to expire, therefore, complainant applied online to OPs for re-issuance of passport on 13.09.2018 and also deposited requisite fee of Rs.1500/- from his account and also furnished all details required by Ops, but OPs declined to re-issue passport to complainant on the ground that adoption is not valid because at the time of adoption deed, age of complainant was 24 years. Action of Ops in declining issuance of passport to complainant on false grounds amounts to deficiency in service and it has caused great harassment and mental agony to him.

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He has prayed for accepting the present complaint alongwith compensation and litigation expenses besides main relief. Hence, the instant complaint.

3

                                                      The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 15.01.2019, complaint was admitted and notice was ordered to be issued to the OPs.

4                                                         Registered cover containing copy of notice of complaint alongwith relevant documents was sent to OPs, did not receive back in office undelivered. It is presumed to be served. After expiry of statutory period when no body appeared in the Forum either in person or through counsel on behalf of OPs, then vide order dated 27.03.2019, OPs were proceeded against exparte.

5                                                         Proper opportunities were given to complainant party to prove their case. Ld Counsel for complainant tendered in evidence affidavit of complainant Ex.C-1 and documents Ex C-2 to C-15 and then, closed the evidence.

6                                                   As there is no rebuttal from Ops side, therefore we have heard the arguments advanced by ld counsel for complainant and also gone through the pleadings and evidence placed on record by complainant. The case of the complainant is that he was born on 29.10.1980 at Kotkapura from the lions of Gobind Ram Mittal and Smt Suresh Kumari and since after his birth, he was adopted by Brij Lal Aggarwal and adoption deed was executed on 30.05.2000 and in all his government IDs, i.e Driving License, Aadhar Card, PAN Card etc his name is mentioned as Manoj Aggarwal son of Brij Lal Aggarwal. Earlier he was   issued passport in which his name is mentioned as Manoj Kumar Mittal, but now when he applied for reissuance of passport alongwith requisite documents showing proper details of his particulars, Ops denied to re-issue passport to him on the

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ground that at the time of adoption deed, his age was 24 years, this adoption deed is not valid and they advised for processing the re-issuance of passport with names of biological parents. It is pertinent to mention here that all the government certificates of complainant are in the name of Manoj Aggarwal  son of Brij Lal Aggarwal and act of Ops in denying re-issuance of passport to complainant on false grounds amounts to deficiency in service. He has prayed for accepting the present complaint and stressed on documents Ex C-1 to 15.

7                                    To prove his pleadings, ld counsel for complainant placed on record copy of Online Appointment Receipt showing the fact he applied for reissuance of passport to OPs with his exact particulars. Ex C-4 is copy of Birth Certificate issued by Registrar of Births and Deaths that reveals the date of birth of complainant alongwith names of his biological parents. Ex C-5 is copy of Deed of Adoption dated 29.05.2000 wherein it is clearly mentioned that biological parents of complainant gave him to Brij Lal Mittal and Shanti Devi in adoption and complainant Manoj Kumar Mittal renounced and abandoned the use of his original surname Mittal and in lieu thereof, he assumed and adopted the surname Aggarwal and after the Deed of Adoption, he would be recognized as Manoj Aggarwal son of Brij Lal Aggarwal. Copy of document Ex C-7 i.e Driving License issued to complainant also bears his name as Manoj Aggarwal son of Brij Lal Aggarwal. Further copy of Adhar Card issued to complainant by government of India also reflects the name of complainant as Manoj Aggarwal son of Brij Lal Aggarwal. Ex C-9 copy of PAN Card issued by Income Tax Department of India shows the name  of complainant as Manoj Aggarwal son of Brij Lal Aggarwal. Copy of jamabandi ExC-12 also clears the pleadings of complainant that after death of his adoptive father, his property was mutated in the name of complainant wherein his name is shown as Manoj Aggarwal son of Brij Lal Aggarwal. ExC-14 is copy of invitation

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card that points out that name of complainant is mentioned as Manoj Aggarwal son   of Brij Lal Aggarwal. Copy of invitation card for marriage of complainant also narrates the similar story. Ex C-15 is detail of particulars of complainant that he furnished before Passport Authority while applying for reissuance of passport. Complainant has produced sufficient and cogent evidence to prove his pleadings and all documents placed on record are authentic and are beyond any doubt. Act of Ops in not issuing passport to complainant on baseless grounds, does not seem appropriate.

8                                                We are fully convinced with the evidence, arguments and case law produced by the Counsel for the complainant. The complainant succeeds in proving his case, therefore, present complaint in hand is hereby allowed. Ops are ordered to issue passport to complainant with the name of his adoptive parents instead of his biological parents i.e Manoj Aggarwal son of Brij Lal Aggarwal and Shanti Devi Aggarwal within one month from the date receipt of copy of this order after fulfilling other formalities by complainant for issuance of the passport. Compliance of this order be made within prescribed period of month from the date of receipt of the copy of the order failing which complainant shall be entitled to initiate proceedings under Section 25 and 27 of Consumer Protection Act. Copy of the order be supplied to parties free of cost as per law. File be consigned

to the record room.

Announced in Open Forum

Dated: 29.04.2019

(Param Pal Kaur)                              (Ajit Aggarwal)

                                                    Member                                President