Punjab

Faridkot

CC/24/51

Jasbir Singh Brar - Complainant(s)

Versus

Regional Passport Officer - Opp.Party(s)

Ashu Mittal

26 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FARIDKOT

Complaint No. :        51 of 2024

Date of Institution:    20.03.2024

Date of Decision :     26.11.2024

 

Jasbir Singh s/o Nachhattar Singh r/o Baba Farid School Road, Harindra Nagar, Street No.09, Faridkot, Tehsil and District Faridkot.

 

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

Versus

 

 

Regional Passport Office, Plot No.09, District Shopping Complex, Ranjit Avenue, Ajnala Road, Amritsar 143001.

............OP

Complaint under Section 35 of the

Consumer Protection Act, 2019.

 

Quorum: Sh Rakesh Kumar Singla, President,

     Smt Param Pal Kaur, Member.

Present: Sh Ashu Mittal, Ld Counsel for complainant,

    OP Exparte.

* * * * * *

ORDER

 (Rakesh Kumar Singla, President)

 

                                               Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019  against OP seeking directions to them to reissue the passport in his name and to pay compensation for mental agony and harassment suffered by him.

2                                              Briefly stated the case of complainant is that he holds passport and he applied for reissuance of passport with OP.

cc no.-51 of 2024

He applied for reissuance of passport vide application no. AS2078130636023 on 13.06.2023 for change of address and deposited Rs.1500/-as fees. Further submitted that on 24.06.2023, complainant completed all formalities and after processing the case for reissuance of passport, OP sent the case to the Police for verification and after verification, Police sent back the same OP, but till date, Opposite Party has not re-issued the passport to complainant. On 21.09.2023 and thereafter, complainant approached OP several times and made requests to them to reissue the passport, but OP kept putting him off on one pretext or the other saying it would be released within ten days, but OP did not make any effort for reissuance of passport. Complainant also served legal notice to OP wherein requested OP to reissue the passport, but all in vain.  Act of OP in not reissuing passport to complainant amounts to deficiency in service and it has caused harassment and mental agony to him as son of complainant resides in Canada. Complainant wants to go there to see his son, but due to non issuance of passport by Passport Authority, he has been suffering huge mental tension.  He has prayed for compensation of Rs.50,000/- for harassment suffered by him 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 27.03.2024, complaint was admitted and notice was ordered to be issued to the OP.

cc no.-51 of 2024

4                                               Registered cover containing copy of notice of complaint alongwith relevant documents was sent to OPs, did not receive back in this office undelivered. On date fixed, after expiry of statutory period when no body appeared in the Commission either in person or through counsel on behalf of OP, then vide order dated 27.08.2024, OP was proceeded against exparte. However, a letter was received from opposite party that is taken on record and is considered as reply on behalf of OP. In said letter, OP has given reference of judgments in Case Revision Petition No. 3322 of 2009 titled as S Vijaykumar and another Vs Regional Passport Officer, Tichy and others and Revision Petition No.3785 of 2013 titled as Passport Officer, Jaipur Vs Ajay Bansal in which it is mentioned that  Passport Offices do not fall under the purview of Service Provider and complaint was not maintainable before District Forum and prayed for dismissal of complaint with costs.

5                                                        Proper opportunities were given to complainant party to prove their case. Ld Counsel for complainant tendered in evidence affidavit of complainant Ex.C-5 and documents Ex C-1 to C-6 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 applied for reissuance of passport with correct address, but OP have neither corrected

cc no.-51 of 2024

the address nor have re-issued new passport. Grievance of the complainant is that he has completed all formalities and deposited requisite fee and after Police Verification, Police have also sent his case back to Passport Authority, but despite repeated requests, OP has not re-issued the passport to complainant. Complainant has prayed for directions to Ops to issue him new passport as he wants to go abroad to meet his son. Act of OP in not renewing the passport with correct address, amounts to deficiency in service.

7                                     To prove his pleadings, ld counsel for complainant has placed on record Ex C-2 that is copy of application moved by him before OP for reissuance of passport with request to correct the address of complainant. Ex C-3 also clears the fact that complainant has deposited Rs.1500/-with OP as prescribed fee for reissuance of passport with correct address. Through Ex C-4 copy of e-mail sent by complainant to OP there remains no doubt that he has suffered harassment on no account and he had made several requests to opposite party to correct the particulars of his old address and reissue a new passport. Legal notice dated 05.02.2024 served upon by complainant to OP with request to OP for reissuance of passport also proves the pleadings of the complainant. Through his affidavit Ex C-1, complainant has reiterated his grievance. All this act of OP in not issuing passport to complainant with correct address, amounts to deficiency in service and trade mal practice. On the contrary, there is nothing on record on the part of OP to contradict

cc no.-51 of 2024

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.

8                               The Counsel for the complainant put reliance on the order passed by our Hon’ble High Court of Punjab and Haryana in CWP no.13863 of 2014 ( O & M) titled as Kulwant Rai Kataria Vs Verification officer, Regional Passport office, Amritsar and others in it our Hon’ble Lordship observed that Right to travel is an important ingredient of freedom of movement and the restriction has to be by law for appropriate reasons. And in present case, there is no such reason with OP for not issuing passport to complainant.

9                                      Ld Counsel for complainant has also placed on citation given by Hon’ble National Commission, New Delhi in Revision Petition No.120 of 2015 titled as Passport Officer Vs Richa Bhandari (Law Finder Doc ID # 790931 2016(3) C.P.J.581) wherein it is held that unjustified delay in preparation, issue, dispatch and delivery of the passport occurring after the Passport Officer has decided to issue passport to the applicant or any other defect or deficiency in the activities post the decision of the Passport Officer to issue a passport to the applicant, would constitute defect or deficiency in service as defined in Section 2 (1)(f) and 2(1)(g) respectively of the Consumer Protection Act.

10                                              We are fully convinced with the evidence, pleadings, arguments and case law produced by the Counsel for the

cc no.-51 of 2024

complainant. The complainant succeeds in proving this case, so the present complaint is  hereby partly allowed. The Opposite Party is hereby ordered to re-issue passport to complainant with correct address mentioned by him in his application form Ex C-2 within one month from the date of receipt of copy of this order.

11                                             Compliance  of  this  order   be made within  one  month  from  the  date  of  receipt  of the  copy  of  this  order.

12                                       Complaint case could not be decided within stipulated period due to heavy pendency of work and incomplete quorum.

13                                         Copy of the order be supplied to parties free of cost as per law.  File be consigned to the record room.

Announced in Commission :

Dated: 26.11.2024             

 

(Param Pal Kaur)                (Rakesh Kumar Singla)

                                  Member                            President