DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

 

Complaint Case No : CC/54/2022

Date of Institution : 10.02.2022

Date of Decision : 12.10.2022

Jaswinder Kaur wife of Sh. Gurmail Singh resident of Bath Patti, Village Aspal Kalan Sub Tehsil Dhanaula, District Barnala. 

                            …Complainant

Versus

1. The Regional Passport Authority, Sector 34-A, Chandigarh through RPO;

2. Ministry of External Affairs, Government of India, New Delhi through its Secretary;

3. Director/Office Incharge, Regional Passport Office, Near Main Bus Stand Road, Near Preet Palace Ludhiana.   

               …Opposite Parties

 

Complaint Under Section Consumer Protection Act, 2019.

Present: Sh. K.R. Goyal Advocate counsel for complainant.

Opposite parties No. 1 to 3 exparte.

Quorum.-

1. Sh. Ashish Kumar Grover : President

2.Smt. Urmila Kumari : Member

3.Navdeep Kumar Garg : Member

(ORDER BY ASHISH KUMAR GROVER PRESIDENT):

    The complainant Jaswinder Kaur has filed the present complaint under Section Consumer Protection Act 2019 against The Regional Passport Authority and others (in short the opposite parties). 

2. The facts leading to the present complaint are that the complainant has applied for release of her new Passport in office of opposite party No. 3 vide token No. N-193 Counter No. A-17, dated 16.1.2020 alongwith her husband Gurmail Singh and complainant deposited the requisite fee and all the documents in office of opposite party No. 3. It is further alleged that the above said passport of the complainant has not been released so far by the opposite parties till date though passport of husband of complainant has already been released. The complainant made may requests by visiting the opposite party No. 1 to release her passport but all in vain and the concerned official giving fake assurance to the complainant. It is further alleged that the above said act of the opposite parties are against the law and arbitrary and it is clear cut deficiency in service on the part of opposite parties and it caused eminent mental tension, agony, pain and physical harassment to the complainant and the very purpose for which the passport was applied stands forfeited due to the wrong doings of opposite parties. It is further alleged that a legal notice dated 6.1.2022 through Sh. Kulwant Rai Goyal Advocate has been served upon the opposite parties, but the opposite parties failed to file reply to the said notice. Hence, the present complaint is filed seeking the following reliefs.-

i) The opposite parties may be directed to issue/release new passport to complainant.   

ii) To pay Rs. 20,000/- on account of mental tension, agony and harassment to the complainant and Rs. 5,000/- as litigation expenses. 

3. The opposite parties No. 1 to 3 are proceeded against exparte due to non appearance vide order dated 28.3.2022 of this Commission. 

4. In support of her case the complainant tendered into evidence her affidavit Ex.C-1, copy of application form Ex.C-2, legal notice Ex.C-3, postal receipt Ex.C-4, copy of Online appointment receipt Ex.C-5, copy of Online payment receipt Ex.C-6, copy of Passport of Gurmail Singh Ex.C-7 and closed the evidence.   

5. We have heard the learned counsel for the complainant and have gone through the record on the file. 

6. In order to prove her case the complainant has filed her detailed affidavit Ex.C-1. The complainant has further placed on record copy of passport application form Ex.C-2, which shows that the complainant has applied for fresh passport on 16.1.2020. The complainant also placed on record legal notice Ex.C-3, which shows that a legal notice has been served upon the opposite parties by the complainant through Sh. Kulwant Rai Goyal Advocate to issue the new passport of the complainant within 15 days and the Ex.C-4 is the postal receipt. The complainant further placed on record copy of Online appointment Ex.C-5, which shows that the complainant has applied for fresh passport Online on 16.1.2020 vide token No. N-193 with the opposite parties. The complainant has further placed on record copy of Online Payment Receipt Ex.C-6, which shows that the complainant has paid Rs. 1500/-  on 14.1.2020 to the opposite parties for getting fresh passport and the mode of payment is Online/Internet Banking. The complainant has also placed on record copy of passport of her husband Sh. Gurmail Singh Ex.C-7, which shows that the opposite parties issued passport to the husband of complainant and the same was valid from 11.2.2020 to 10.2.2030. 

7. So, from the perusal of record it is established that the complainant has applied for fresh passport alongwith her husband namely Gurmail Singh in the office of opposite parties and paid the requite fee and submitted the required documents and accordingly the opposite parties issued appointment receipt Ex.C-5 to the complainant, but till today the opposite parties have failed to release/issue new passport to the complainant. However, the opposite parties have issued passport to the husband of complainant Sh. Gurmail Singh which proves from Ex.C-7. 

8. On the other hand, as no one has come forwarded from the side of the opposite parties to contest the allegations of the complainant, which are otherwise appears to be genuine and supported by various documents, in that event, we have no alternative except to believe the contents of the complaint, which are un-rebutted. Therefore, it is proved on the file that there is clear cut deficiency in service on the part of opposite parties.

9. In view of the above discussion, the present complaint is partly allowed against the opposite parties and the opposite parties are directed to issue/release the new passport to complainant after following the rules and regulations. The opposite parties are further directed to pay an amount of Rs. 10,000/- as compensation on account of mental agony and harassment to the complainant and Rs. 3,300/- as litigation expenses.  Compliance of the order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of this order be supplied to the parties free of costs. File be consigned to the records after its due compliance.  

ANNOUNCED IN THE OPEN COMMISSION:

        12th Day of October, 2022

 

 

            (Ashish Kumar Grover)

            President

 

(Urmila Kumari)

Member

 

(Navdeep Kumar Garg)

Member