Kerala

Ernakulam

CC/14/131

KRISHNANKUTTY NAIR HARISH (HARISH K. NAIR) - Complainant(s)

Versus

THE GOVERNMENT OF INDIA, REP BY THE SECRETARY - Opp.Party(s)

P.G.SASIDHARAN PILLAI

28 Feb 2014

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM
ERNAKULAM
 
Complaint Case No. CC/14/131
 
1. KRISHNANKUTTY NAIR HARISH (HARISH K. NAIR)
KADAMPATTU UTHRAM HOUSE, MANNAR P.O, KURATTISSERY, CHENGANNUR TALUK, ALAPPUZHA DIST
...........Complainant(s)
Versus
1. THE GOVERNMENT OF INDIA, REP BY THE SECRETARY
MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI
2. THE ASSISTANT DIRECTOR, BUREAU OF IMMIGRATION, COCHIN INTERNATIONAL AIR PORT
NEDUMBASSERY, ERNAKULAM
3. THE REGIONAL PASS PORT OFFICER
REGIONAL PASSPORT OFFICE, COCHIN.
4. THE MANAGER, INDIAN SECURITY PRESS (ISP)
NASIK, MAHARASHTRA
............Opp.Party(s)
 
BEFORE: 
 HONORABLE MR. A.RAJESH PRESIDENT
 HON'BLE MR. SHEEN JOSE MEMBER
 HON'BLE MRS. V.K BEENAKUMARI MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Dated this the 28th day of February 2014

 

 

PRESENT:

 

Shri. A. Rajesh, President.

Shri. Sheen Jose, Member.

Smt. Beena Kumari V.K. Member

 

 

 

CC.No.131/2014

Between

 

Krishnankutty Nair Harish, : Complainant

(Harish K Nair), (By Adv. Abraham Samson

Kadampattu Uthram house, High Court of Kerala, Ernakulam

Mannar P.O, Kurattissery, Lilgi Estate, QRS, Kochi-18)

Chengannur Taluk, Alappuzha.

 

Vs

 

1. The Government of India, : Opposite parties

Rep. by the Secretary,

Ministry of External Affairs,

New Delhi.

2. The Assistant Director,

Bureau of Immigration,

Cochin International Air Port,

Nedumbassery, Ernakulam.

3. The Regional Passport Officer,

Regional Passport Office,

Cochin.

4. The Manager,

Indian Security Press (ISP),

Nasik, Maharashtra.

 

O R D E R

 

A Rajesh, President.

This complaint is preferred by the complainant alleging deficiency in service on the part of the opposite parties due to the mistakes crept in his passport and the resultant inconveniences.

2. We have heard the learned counsel for the complainant and gone through the documents on record.

3. The issuance of passport by the Central Government or by an Authority empowered under the Passport Act 1967 is a Sovereign Act which has to be performed by the Authority according to the Rules and Regulations framed under the Act. This function of the Central government required to be performed under the passport Act can not be equated with a service rendered to a consumer within the meaning of Consumer Protection Act. Moreover a passport is not a commodity which is purchased or sold for consideration but is only in the nature of a permission granted by the sovereign to its citizen to go outside the country.

4. Therefore, we are of the view that issuing passport to the citizens is a sovereign function of the Government of India which may not be interfered with under the grab of consumer dispute.

5. The complainant is free to approach the appropriate authority to get his grievances ventilated if so advised.

Pronounced in the open Forum on this the 17th day of February 2014.

 

 

Sd/-A. Rajesh, President.

Sd/- Sheen Jose, Member.

Sd/-Beena Kumari V.K., Member.

 

Forwarded/By Order,

 

 

Senior superintendent.

 

 
 
[HONORABLE MR. A.RAJESH]
PRESIDENT
 
[HON'BLE MR. SHEEN JOSE]
MEMBER
 
[HON'BLE MRS. V.K BEENAKUMARI]
MEMBER

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