D.o.F:24/05/2011
D.o.O:9/12/2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.118/11
Dated this, the 9 th day of December 2011
PRESENT:
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.BEENA.K.G : MEMBER
CC.118/11
Abdul Razak, Kohadka,
S/o P.K.Ahammed, Pareri House, : Complainant
Paivalike, Kasaragod.
(Adv.Benny Jose,Kasaragod)
Regional Passport Officer, Kozhikode : Opposite party.
(Adv.Sameer Babu,Kozhikode)
ORDER
SRI.K.T.SIDHIQ : PRESIDENT
Whether the inordinate delay in renewing the passport would constitute deficiency in service as envisaged under the Consumer Protection Act is the question posed before us in this complaint.
The complaint is as follows:
Complainant was working in UAE as domestic cook having a monthly salary of `1500/- UAE Dirhams since 17 years. Complainant reached India on 21/9/2010 with intention to stay 5 months and his visa was valid upto 21/6/11 . For renewing the visa, the passport was required to be in printed format as per the existing law in UAE. Since the entries in his passport was manually scribed, he wanted to convert it in the printed format. Has he had 5 months time in India he decided to renew the passport from India. Accordingly he approached opposite party and it was assured that at any rate the renewed passport in printed format will be issued within 45 days if there is no other disqualification for him in obtaining the passport. Accordingly on 13/12/2010 he surrendered the passport and paid `1000/- as passport renewal fees. After few days the police verification was over, he contacted the opposite party several times ,but they did not issue his renewed passport . Due to the delay in getting the renewed passport he could not re-inter to UAE and consequently his resident visa which was valid upto 6 months from the date of exit from UAE is also stands expired. Though his employment visa is valid upto 21/10/11 now he could not go to his working place without a valid resident visa. Consequent to this, complainant lost his employment, visa and service benefits. According to the complainant had the opposite party not assured that the renewed passport will be given within 45 days then he would not have entrusted his passport for renewal with opposite party and he would have got it renewed from UAE after returning to gulf. Therefore the complaint alleging deficiency in service and claiming compensation on account of the loss of job, hardship and mental agony suffered by him.
2. According to opposite party the Union of India is a necessary party to the proceedings and without Union of India as a party the complaint is not maintainable. On merits it is the case of opposite party that they received an application for passport on 13/12/10 under the ordinary scheme with a fee of `1000/- along with old passport issued from Abudhabi. Immediately on receiving the application, the old passport is cancelled in order to save it from any damage or punching from the office. Subsequently on 1/2/2011 they received the recommendary police verification and as usual course and process the new passport was issued on 12/4/2011 through ordinary flow/queue without any intentional delay. No assurance was given to the complainant that the renewed passport will be issued within 45 days. There is no clear cut rule in doing processing work for issuing passport within 45 days. The issuance of passport to a citizen depends upon various factors such as sorting of passport applications, time for getting police verification, heavy printing work, conditions of the printing machine , availability of staff strength etc. Normally 800 applications are receiving and same number of passports are issuing in a day. The complainant could have availed Tatkal facility if he want the passport issued earlier. The complainant has not approached the grievance redressal office to look in to his grievances to ensure quick remedial measure.
The issuance and non issuance of passport is a statutory duty of the state and hence that act cannot be challenged as a consumer. The passport officer will not fall within the purview of the Act. The state while issuing a passport is not providing any service to any person for consideration. The state uses its sovereign power and issuance of passport is in public interest. It is not meant to serve any individual able to and willing to pay. It is meant to further the policy of government in the matters of security, immigration and that is why Sec.17 of the Passport Act makes it clear that passport shall at all time remains the exclusive property of the Central government which is not a buying and selling articles. Hence issue of passport is the official duty of the passport officer which does not fall within the category of public utility service. As such deficiency of service as alleged in the complaint does not attract. The complainant has filed a vexatious complaint and it is liable to be dismissed.
3. Complainant filed affidavit in support of his claim reiterating what is stated in the complaint as PW1. Exts.A1 to A4 is marked. He faced cross examination by the learned counsel for opposite party. On the side of opposite party Sri.Ramadas T.K., the Assistant, working in the passport office filed affidavit as DW1 and Exts.B1 & B2 marked. Both sides heard and documents perused.
1.The issue to be settled in this case is whether the renewal of a passport with inordinate delay would amounts to deficiency in service or not
The ancillary issues are
2. Whether the complaint is maintainable before the Forum?
3. Whether the dispute mentioned is a consumer dispute?
4. If so what is the order as to relief and costs.
4. Point Nos.1 to 3 can be discussed together for the sake of brevity and all those can be answered relying on a judgment of the Hon’ble National Consumer Disputes Redressal Commission in the case of Regional Passport Officer Bangalore vs. Anuradha Thadipathra Gopinath (Revision Petition No.2389/2008 dtd.10/7/2008.
In the above case the Hon’ble National Commission has held that the Passport officer while issuing the passport is not exercising any sovereign function . But he is discharging only a statutory duty. The issuance or non issuance of a passport may be a statutory duty and may not be a consumer dispute but issuance of an invalid passport which is not signed by the passport officer would be deficiency in service on the part of the concerned officer as defined under section 21(g) of Consumer Protection Act which defines’ deficiency “. It specifically provides that deficiency means any fault imperfection shortcoming , inadequacy in the nature and manner of performance which is required to be maintained under any law.
5. It was further observed that the passport officer is charging fee for issuance of passport hence, service is availed by paying fee.
From the above judgment it is clear that a passport officer is also amenable to the jurisdiction of a Consumer Protection Act and hence the complaint is maintainable against him before the FORA constituted under the Consumer Protection Act
6. It is true that the issuance or non issuance of a passport is not a consumer dispute. The opposite party is not bound to issue passport to every applicant. It is a matter of policy. But in the case of complainant the opposite party proceeded with his application and recommending police verification report is also obtained. It is not the case of complainant that inspite of his application the opposite party is not issuing the passport. It is not his case that the opposite party issued passports to others overlooking his priority. It is his case that the opposite party cancelled his passport containing valid employment visa and Residence visa and renewed passport with inordinate delay after the expiry of his residence visa and thereby committed fault in their service. Like the issuance of an invalid passport, the inordinate delay in renewing the passport that contains a valid visa is also a fault on the part of opposite party. Hence this complaint is maintainable before the Forum.
The opposite party had their official website. In the said website some frequently asked question (FAQ’s) and their answers are published. The 6th question and answer is as follows:
How soon can one get a passport?
Ans: Normally one should receive the passport in 30-35 days , if the application is complete in all respects and all the relevant documents are enclosed and on receipt of a clear police verification report. Applicants can also apply under Tatkal scheme for obtaining passport urgently.
7. From the above, it is clear that normally one should get his passport in 30-35 days if all relevant documents are submitted or a police verification Ext.B2 report is obtained. In this case the police verification report about the complainant was received by opposite party on 1/2/2011 but the renewed passport was issued only on 12/4/2011 ie 71 days after obtaining the police verification report. The opposite party was not able to explain any convincing reason for this abnormal delay. The technical reasons like the availability of printing machine, dearth of staff, increase in number of applicants etc are not convincing reasons to justify their fault. The passport officer being a statutory authority ought to have made arrangements to deal such emergencies and contingencies.
8. The complainant in his cross examination has specifically deposed that he did not opt the tatkal scheme to obtain his passport urgently because when he enquired in the passport office it was told that since his visa has more than 3 months validity, he would get his passport within 3 months even if he applies under general scheme. Therefore the contention of opposite party that the complainant could have opted tatkal scheme to get his renewed passport is not justifiable. It is seen that complainant has submitted his application on 13/12/2010 and his resident visa was valid upto 17/3/2011 but the renewed passport is issued only on 12/4/11. This delay is contrary to their announcement in the website that normally one should get his passport within 30-35 days.
9. DW1 in his cross examination has deposed that the renewal of passport may take up to one year, and in re-examination he stated that for the renewal of passports the delay may occur depends upon the volume of applications, staff strength of the office and availability of police verification report. This statement of DW1 is contrary to their announcement in the web site that normally they will issue a passport within 30-35 days. Further no datas were furnished to prove the volume of applications they received during the period when they handled the application of the complainant . Hence we are of the view that the opposite party is committed deficiency in their service rendered to the complainant by causing inordinate delay in renewing his passport.
10.Relief & Costs:
The case of complainant is that he was earning 1500 UAE Dirhams per month and lost his 17 year service benefits due to the delay in getting his passport renewed. It is also his grievance that his resident visa is expired and consequently his employment visa also stands cancelled. According to him to obtain a new visa he will incur ` 100,000/-
11. Subsequently during enquiry he submitted that he is going abroad as he obtained a new visa. In the said circumstances the complainant is not entitled for the loss claimed by him. However he is entitled for the compensation for the hardships and mental agony sustained due to the delay in renewing the passport and the expiration his resident visa.
We are of the view that the complainant is entitled for reasonable compensation on this account.
Therefore, the complaint is allowed and the opposite party is directed to pay compensation of `20,000/- to the complainant with a cost of `3000/-. Time for compliance is limited to 30 days from the date of receipt of copy of this order. The opposite party is also directed to take urgent steps to upgrade and develop their infrastructure facilities to issue passport to all the eligible applicants within 30-35 days from the date of getting police verification report as published by them in their web site.
Exts:
A1-Copy of passport
A2- copy of receipt issued by OP
A3-Employment agreement
A3(a)-do-
A3(b)-d0-
A4-Health insurance certificate of coverage
B1- copy of authorization letter
B2-copy of passport information services on net
PW1-Abdul Razak-complainant
DW1-Ramaadasan.T.K- witness of OP
MEMBER MEMBER PRESIDENT
eva
