| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA CC No. 192 of 21.9.2021 Decided on : 18-5-2023 Pavitter Singh aged about 19 years S/o Channi Singh R/o Brotherhood P.G., St. No.7, Ajit Road, Bathinda. ........Complainant Versus Regional Passport Office O/o 14 Mall Road, Near Custom Chowk, Amritsar, Punjab through its Regional Passport Officer. Ministry of External Affairs O/o 74B, South Block, New Delhi through its Secretary.
.......Opposite parties
Complaint under Section 35 of the Consumer Protection Act, 2019 QUORUM:- Sh.Lalit Mohan Dogra, President Sh. Shivdev Singh, Member Present:- For the complainant : Sh. Varun Bansal, Advocate. For opposite parties : Opposite parties Ex-parte. ORDER Lalit Mohan Dogra, President:- The complainant Pavitter Singh (here-in-after referred to as complainant) have filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against Regional Passport Office and another (here-in-after referred to as opposite parties). Briefly stated the case of the complainant that after completion of his 12th , he started pursuing preparation of IELTS in 2020 at Bathinda as he wants to settle down in foreign country. So for appearing in IELTS exam, he applied for passport on 23-12-2020 with Ministry of External Affairs and submitted his passport fees Rs.1500/- online. The opposite parties had allocated appointment date 25-01-2021 Passport File No. AS1065160189021 to the complainant. On the day of verification, the opposite party No.1 had verified all the original documents of the complainant and submitted the full file for further police verification process. It is alleged that after verification of documents, on 25-01-2021 the opposite party No.1 had initiated the Police verification process. Accordingly, police officer had visited the house of the complainant and verified his residence and criminal record and subsequently, submitted his police verification report as Clear with the opposite party No. 1 on 27-01-2021. After that, the opposite parties did not take any further action after the receipt of positive and clearance report from the police itself. The complainant visited the opposite party No.1 office, but they did not allow him to enter the premises. Accordingly, complainant sent one mail about his grievance to the seniors of the opposite parties on 22-3-2021 and requested them to take rapid action so that he can get his passport immediately for appearing in IELTS test. Thereafter on 22-03-2021, the opposite party No.2 officer had forwarded the complaint of complainant to opposite party No.2 mentioning to look into the matter for appropriate action under intimation to the applicant. On 23.3.2021, after receipt of instructions from the opposite party No.2, opposite party No.1 replied to the complainant that his matric certificate was referred for seeking genuineness and reply was awaited. It is also alleged that due to complaint send by complainant to the senior officers, the opposite party No.1 had blocked the ID of the complainant about which the complainant again send mail to the opposite parties on 24-3-2021 in this regard but no reply had been given to the complainant and his Id had not been unblocked by the opposite parties. The complainant decided to visit his 10th board office at Panchkula and he visited there in the month of April. There he got to know that the board has already sent the clearance report to the opposite party No.1 office vide speed post no. EH755051200IN on dated 13-04.2021 and same has been received in the office of opposite party No.1 on 19-04 2021. After this fact, the complainant felt some relaxation as he was under this impression that now his passport will finally be issued to him. But when no action has been taken by the opposite parties, the complainant got jolt upon this act and behavior of the opposite parties. The complainant further alleged that again on 31-05-2021 he sent mail to the opposite parties to the effect that the passport file has been under review of RPO, Amritsar since January 25 but there is no progress. Vide said mail he requested for solving his problem and taking a strict action on related management of RPO as due to negligence, his six months have been wasted but opposite parties had not taken any action on his mail and no further process had been done on his passport file by the opposite parties upto 31-08-2021. The complainant alleged that he was not at all at fault and he was regularly trying to communicate with the opposite parties but the opposite parties were ignoring his matter and mails. Even the complainant proved his CBSE board verification matter which had already been with the oifice of opposite party No.1 on 19-04-2021, but the opposite parties had not done any further process on the passport issuance of the complainant. It is further alleged that the complainant had also filed one RTI application vide no. MEAPD/R/E/21/02153 in the month of July 2021 to know the status of his passport file with the opposite parties which is also pending for reply till date. The complainant had also filed his first appeal vide Regd. No. MEAPD/A/E/21/00296 against the said CPIO of the opposite parties to provide information under RTI act as the CPIO has not repliedwithin 30 days, which is also pending for the necessary action till date. The complainant is suffering loss due to ignorance of the opposite parties and already 8 months of life of complainant has been wasted due to this matter which has been linger on by the opposite parties without any reasonable cause. Due to the negligence of the opposite parties, the complainant had not able to fill his IELTS exam and his process and dream to go to foreign has to become shattered down. The complainant has suffered detrimental, irreparable loss and his coaching has also got wasted as gap has occured now. Now onwards, he has to undergo fresh coaching once again. His money has also gone wasted without any of his mistake. The complainant also alleged that he again visited opposite party No.2 office on dated 31-08-2021 and requested them to issue his passport and shown his entire documents once again, then, the opposite parties started processing over the passport issuance on 31-08-2021 and dispatched his passport on 02-09-2021. On this backdrop of facts, the complainant has prayed directions to the opposite parties to pay Rs.4,50,000/- on account of mental tension agony, pains, and wastage of 7 months due to negligence of opposite parties in addition to Rs.40,000/- as litigation expenses. Registered A.D. Notice was sent to the opposite parties, but none appeared on their behalf. As such, exparte proceedings were taken against them. However, reply was sent by opposite party No. 1 by post as per which it was replied that matriculation certificate of the complainant was found to be dubious, so the same was referred to concerned authority for its genuineness on 25-1-2021 and two reminder letters dated 4-3-2021 and 18-3-2021 were sent to the concerned authority and reply was not received by the opposite parties. The complainant submitted his higher secondary certificate on 31-8-21 and on the basis of the same, passport was issued to the complainant. In support of his complaint, the complainant has tendered into evidence his affidavit dated 16.9.2021 (Ex. C-1) and documents (Ex.C-2 to Ex.C-13). The learned counsel for the complainant has agued that complainant was pursuing IELTS course after completion of his 12th class since 2020 with intention to settle abroad and had applied for passport on 23-12-2020 by depositing fee of Rs.1500/- on line and was allocated appointment date as 25-1-2021 having centre at Amritsar. The opposite had allocated Passport File No. AS1065160189021 to the complainant. On the date of verification, the opposite party No. 1 verified all the original documents. After verification of documents, opposite party initiated police verification on 25-1-2021 and accordingly police officer visited the house of the complainant and submitted his police verification report on 27-1-2021. Thereafter, oposite parties had not taken any action on the matter. The complainnt tried to contact the opposite parties but no positive response was received. Thereafter complainant had sent e-mail Ex. C-5 and Ex. C-6 in reply to which it was disclosed by the opposite parties vide Ex. C-7 that matriculation certificate of the complainant is required to be verified. It is further argued that after repeated visits, number of e-mail and RTI applications, ultimately, passport was issued to the complainant in the month of September, 2021, after delay of eight months and complainant being consumer has suffered definitely due to deficient service on the part of the opposite parties for having delayed issuance of passport without any fault of the complainant. The learned counsel for the complainant has relied upon judgement of Hon'ble National Commission passed in case titled Henry Lawrence Vs. Passport Officer decided on 15-11-2019. We have gone through the reply filed by opposite party No.1 wherein it is stated that matriculation certificate of the complainant was found to be dubious, so the same was referred to concerned authority for its genuineness on 25-1-2021 and two reminder letters dated 4-3-2021 and 18-3-2021 were sent to the concerned authority and reply was not received by the opposite parties. The complainant submitted his higher secondary certificate on 31-8-21 and on the basis of the same, passport was issued to the complainant. It is also submitted that this Commission has no jurisdiction to entertain and present complaint against the opposite parties as the passport is not a commodity which can be purchased or sold for consideration and has also made reference of judgement of Hon'ble National Commission, New Delhi, vide which judgement was passed in Revision Petition No. 3322 of 2009 titled as Vijay Kumar and another Vs. Regional Passport Officer, Trichy. We have heard learned counsel for the complainant and gone through the reply filed by opposite party No. 1. It is admitted fact that complainant had applied for issuance of passport vide Passport Application Ex. C-3 and date of appointment was given to him was 25-1-2021 and on verification of documents file No. AS1065160189021 was allocated to the complainant and thereafter police verification was received by opposite party No.1. However, the opposite parties failed to supply and issue passport to the complainant inspite of the fact that opposite parties received verification of matriculation certificate of the complainant on 19-4-2021 vide Ex. C-9 meaning thereby that when the matriculation certificate was already verified on 19-4-2021, then there was no reason for opposite party No. 1 to withhold the issuance of passport to the complainant. The another question before this Commission is whether a person who applies a Passport and to whom a passport is to be issued is a consumer as defined under the 'Act' and whether the delay in preparation and issuance of passport, after the Passport Officer has decided to issue passport to the applicant, or any other deficiency thereafter constitutes defect or deficiency in the services as defined under the 'Act'. It is made clear that complainant will be a consumer only in respect of the activities which the Passport Office or the agency to which such activities are outsourced, undertakes, after the decision of the Passport Officer to issue a passport to the applicant and an unjustified delay in preparation, issue/despatch and delivery of the passport, occurring after the Passport Officer has decided to issue the Passport to the applicant or any other defect or deficiency in the activities post decision of the Passport Officer to issue the Passport to the applicant, would constitute a defect or deficiency of service. Thus, consumer complaint seeking compensation on such defect and deficiency in service is maintainable. Therefore, it is held that if a Passport Officer has ordered to issue a Passport and opposite parties had already got matriculation certificate of the complainant verified on 19-4-2021, in that case, there was no reason for further delaying in the issuance of passport after 19-4-2021 and as such, delay in issuance and dispatch of passport for more than three months, amounts to deficiency in service on the part of opposite party No. 1. Accordingly, present complaint is partly allowed and opposite party No. 1 is directed to pay Rs. 5,000/- as compenstion to complainant on account of mental tension, harassment and cost of litigation to the complainant. The compliance of this order be made by opposite party No. 1 within 45 days from the date of receipt of copy of this order. The complaint could not be decided within the statutory period due to heavy pendency of cases.
Copy of order be sent to the parties concerned free of cost and file be consigned to the record room. Announced : 18-05-2023 ( Lalit Mohan Dogra) President (Shivdev Singh) Member
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