Punjab

Faridkot

CC/18/158

Mohar Singh Brar - Complainant(s)

Versus

Regional Passport Office - Opp.Party(s)

N.K. Maheshwari

14 Aug 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

Complaint No. :       158 of 2018

Date of Institution:    26.09.2018

Date of Decision :     14.08.2019

 

Mohar Singh Brar aged about 58 years s/o Diyal Singh r/o Village Deep Singh Wala, Tehsil and District Faridkot.

 

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

Versus

 

 

1.  Regional passport Office, 14 Mall Road, Near Custom Chowk, Amritsar through its Authorized Signatory.
2. Passport Sewa Kendra, 14 Mall Road, Near Custom Chowk, Amritsar through its Authorized Person.

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

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum: Sh Ajit Aggarwal, President,

     Smt Param Pal Kaur, Member.

 

Present: Sh Neeraj Maheshwary, Ld Counsel for complainant,

    Sh Harpartap Singh Sandhu, Ld Counsel for OPs.

 

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 correct the name of mother 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 applied before OP-1 and 2 for issuance of Passport and also paid the requisite fee to OPs and completed all formalities. Thereafter OPs issued him passport on 10.04.2018. Complainant checked the same and found that name of his mother was written incorrect in passport. Complainant provided all requisite documents to OP to clear that name of his mother is Dalbir Kaur, but OPs wrongly mentioned the name of his mother as Daljit Kaur. Complainant approached OPs and made several requests to them to correct the name of his mother on passport issued to him but all in vain. Grievance of the complainant is that despite repeated requests, Ops totally refused to make correction in the said passport by correcting the name of his mother. Act of OPs in not making necessary correction in the passport of complainant amounts to deficiency in service and it has caused harassment and mental agony to him. He has prayed for compensation and litigation expenses besides the main relief. Hence, the present complaint.

3

                                                The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 26.09.2018, complaint was admitted and notice was ordered to be issued to the OPs.

4                                          In reply, OP-1 and 2 averred before the Forum that  complaint is not maintainable and is liable to be dismissed as complainant has not come to the Forum with clean hands and has concealed the material facts from this Forum that he has applied for issuance of passport in fresh category on 8.03.2016 and in documents supplied by complainant, name of his mother was mentioned as

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Daljit Kaur and even after police verification in documents received from them, name of his mother was written as Daljit Kaur and accordingly, passport no.N6795665 dated 28.03.2016 was issued to him. It is further averred that  passport is issued on the basis of personal particulars provided by complainant and thus, there is no mistake or deficiency in service on their part. It is admitted that complainant approached them again on 19.03.2018 for passport facility after lost of passport no N6795665 issued on 28.03.2016 with change in the mother name Daljit Kaur to Dalbeer Kaur. He was  advised to furnish necessary documents regarding change of mother name. Instead of furnishing necessary documents, he was agree to supply of new booklet with same mother name which was mentioned in previous passport and a new passport booklet was issued to him. It is denied that complainant approached them for correction of his mother name or provided them all the documents of his mother having name Dalbir Kaur. For any kind of correction, complainant had to apply in re-issue category by taking online appointment from www.passportindia.gov.in alongwith supporting documents for required changes in particulars, but complainant did not adopt the right procedure and even no file of complainant is lying pending in the office of OPs.  Passport is issued to complainant on the basis of personal particulars provided by complainant and verified by Police. There is no deficiency in service on their part and all the other allegations are denied being wrong and incorrect and prayer for dismissal of complaint is made with costs.

5                                                                        Parties were given proper opportunities to prove their respective case. The complainant tendered in evidence his affidavit Ex.C-1 and documents Ex C-2 to C-5 and then, closed the evidence.

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6                                              Despite availing sufficient opportunities, Ops did not tender in evidence and therefore, vide order dated 23.07.2019, evidence of OPs was closed by order of this Forum.

7                                             We have heard the arguments and also gone through the pleadings and evidence by all the parties. The case of the complainant is that he applied to OPs for issuance of Passport, paid requisite fee and also completed all formalities. OPs issued him passport on 10.04.2018, but he found that name of his mother was written incorrect in passport. Name of his mother is Dalbir Kaur, but they have mentioned the same as Daljit Kaur. Grievance of the complainant is that despite submission of requisite documents with correct particulars, OPs have not rectified the name of his mother on passport. Repeated requests made by complainant also bore no fruit. It amounts to deficiency in service and has caused harassment to him. In reply, OPs stressed mainly on the point that passport is issued to complainant on the basis of documents supplied by him. It is admitted that complainant approached them on 19.03.2018 for passport facility after lost of passport no N6795665 issued on 28.03.2016 with change in the mother name Daljit Kaur to Dalbeer Kaur. He did not furnish necessary documents regarding change of mother name and agreed to supply of new booklet with same mother name which was mentioned in previous passport and a new passport booklet was issued to him. He did not follow the right procedure as for any kind of correction, he was required to apply in re-issue category by taking online appointment from www.passportindia.gov.in alongwith supporting documents for required changes in particulars, but complainant did not adopt the proper and right procedure and even

 

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no file of complainant is lying pending in the office of OPs.  There is no deficiency in service on their part.

8                                              To prove his pleadings, ld counsel for complainant has placed on record copy of ration card issued in the name of his father Diyal Singh. Ex C-4 is copy of Identity Card issued by Election Commission of India in the name of Dalbir Kaur that clearly reveals the fact Dalbir Kaur is the wife of Dyal Singh father of complainant. He has also placed on record copy of his adhaar card that proves and indicates the name and address of complainant. Grievance of complainant is also proved in the light of document ExC-2 which is copy of passport issued by OPs to complainant wherein name of his father is written as Diyal Singh but name of his mother is incorrectly mentioned as Daljit Kaur. Through his affidavit Ex C-1, complainant has reiterated his grievance. All this act of OPs in issuing passport to complainant with incorrect mother’s name, amounts to deficiency in service and trade mal practice. On the contrary, there is nothing on record on the part of OPs to contradict the allegations of complainant. Complainant has produced sufficient and cogent evidence to prove his case and all documents placed on record by him are authentic and are beyond any doubt.

9                                                        We are fully convinced with the evidence produced and from the arguments advanced by the ld counsel for complainant. The complainant succeeds in proving his case, therefore, complaint in hand is hereby allowed. OPs are ordered to issue passport to complainant with correct name of his mother as Dalbir Kaur instead of Daljit Kaur. Compliance  of  this  order   be made within  one  month  from  the  date  of  receipt  of the  copy  of  this  order

 

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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. File be consigned to the record room.

Announced in Open Forum

Dated: 14.08.2019

(Param Pal Kaur)                    (Ajit Aggarwal)

Member                         President