DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, LUCKNOW

CASE No.761 of 2009

       Sri Shamshuddin,

       S/o Late Sri Hakim Iftkhaar Ahmad,

       R/o E-34, Peeli Colony, 

       Mahanagar, Lucknow.

                                                                    ……Complainant

Versus

                  1. Regional Passport Office,

                     Gomti Nagar, Lucknow.

                  2.  Divisional Passport Office,

                     Nav Chetna Kendra,

                     18, Ashok Marg,

                     Lucknow.                                                                                                                                                             .......Opp. Parties

Present:-

Sri Vijai Varma, President.

Smt. Anju Awasthy, Member.

Sri Rajarshi Shukla, Member.

JUDGMENT

This complaint has been filed by the Complainant against the OPs for issuing a passport and payment of compensation of Rs.1,00,000.00 and cost of litigation of Rs.11,000.00.

          The case in brief of the Complainant is that the Complainant had applied for issuing a passport on 07.04.2008 paying prescribed fees of Rs.1,000.00, on the reference No. being Lko-G 00031108 Key No.7100031108. Despite repeated requests and reminders the OP has not issued the passport to him. When he made a written enquiry on 09.10.2008 then he was informed that the issuing of passport was in the process and on further enquiry it was informed in writing that reply of NOC was awaited. When the Complainant contacted the local LIU on 20.12.2008 then he was informed that no papers of verification in respect of file No.Lko-G 00031108 were received by the unit. The Complainant had submitted the NOC

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from Rail Engine Workshop, Western Railways, Lucknow on 24.12.2008 but despite that passport was not issued, therefore there is deficiency on the part of the OPs, hence this complaint.

          Notices were issued to the OPs but none appeared, hence the case proceeded exparte against the OPs vide orders passed on 11.09.2012.

          The Complainant has filed his affidavit with paper No.6 to 10.

          Heard Counsel for the Complainant and perused the entire record.

          The case of the Complainant is a simple one as he had applied for the passport fulfilling all the formalities but the passport was not issued to him nor any reason given as to why the passport was not issued. The Complainant has filed photocopy of the depositing of Rs.1,000.00 cash as fees for applying of the passport as paper No.6. He has also filed photocopy of the NOC issued by the Department which is paper No.9. He has also filed photocopy of the letter written to the Regional Passport Officer which shows that the computer report was showing report not received, hence the request to the passport office to enquire into the matter and issue the passport. This letter is dated 07.05.2008. The Complainant has also filed a photocopy of the letter written by official of the passport office which shows that letter for verification of the NOC was issued by the passport officer. The Complainant has filed his affidavit proving the averments made in the complaint and from the averments made in the affidavit it is evident that despite fulfilling all the formalities by the Complainant, the OPs have not issued the passport. It is pertinent to mention that despite notice issued to OPs they did not care to appear before the Forum nor filed objections against the complaint nor any counter affidavit. Since there is no written statement nor any

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counter affidavit filed by the OPs, therefore there is no reason to disbelieve the unchallenged testimony of the Complainant. Therefore, from the evidence on record, it is abundantly clear that the OPs have without assigning any reason or showing justification as to why they did not issue the passport, have committed serious deficiency in service. The Complainant has also filed a judgment passed by the Hon’ble NCDRC in Revision Petition No.2389 of 2008 Regional Passport Officer, Banglore Vs Anuradha Thadipathri Gopinath wherein it is held that the Complainant has been charged fee for issuance of the passport, hence the complaint is maintainable against the passport officer. Therefore, in the instant case also this complaint is maintainable against the passport officer and as the OPs have committed deficiency in service, therefore the Complainant is entitled to issuance of a passport by the OPs and also get compensation for the physical and mental harassment as also to get cost of the litigation.

ORDER

          The complaint is partly allowed.

          The OPs are jointly and severally directed to issue a passport to the Complainant.

The OPs are also directed to pay Rs.10,000.00 (Rupees Ten Thousand only) as compensation and Rs.4,000.00 (Rupees Four Thousand only) as cost of the litigation. The compliance of the order is to be made within a month.

(Rajarshi Shukla)            (Anju Awasthy)     (Vijai Varma)

         Member                      Member                 President Dated:     2    June, 2015