Non - Issuance of Passport
Querist :
Anonymous
(Querist) 23 March 2010
This query is : Resolved
Whether non - issuance of passport without any valid reason amounts to deficiency in sevices, as its issuance being the statutory duty and would fall under consumer protection or it is an Sovereign act of the state ?
Kumar Thadhani
(Expert) 23 March 2010
You must have not complied to their requisite questionaires orsupporting documents for issue of Pass-Port.
Querist :
Anonymous
(Querist) 23 March 2010
Please read the ques. carefully...again.. Mr. Thandani..... n let me try to clarify.. my ques is that whether issuance or non - issuance of passport is an sovereign act or is it that its non - issuance without any valid reason would amount to deficiency in services as issuance of passport according to me is a statutory duty unless found prejudicial towards State.....?
Parveen Kr. Aggarwal
(Expert) 24 March 2010
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
REVISION PETITION NO. 2389 OF 2008
(From the order dated 16.4.08 in Appeal No.795/08 of the State Commission, Karnataka)
Regional Passport Officer, Bangalore ¦ Petitioner
Versus
Anuradha Thadipathri Gopinath ¦ Respondent
BEFORE :
HON'BLE MR. JUSTICE M.B. SHAH, PRESIDENT
HON'BLE MRS. RAJYALAKSHMI RAO, MEMBER
HON'BLE MR. ANUPAM DASGUPTA, MEMBER
For the Petitioner : Mr. R.N. Singh and Mr. A.S. Singh,
Advocates
10.07.2008
O R D E R
Heard the learned counsel for the petitioner.
Admittedly, there was negligence on the part of the Passport Officer in not signing the passport at the time of its issuance. Visa was also issued on the said passport. The complainant reached the Bombay Airport for her onward journey to Dubai. At the airport, this lacuna came to light and the airport authorities asked her to go back and, hence, she lost the opportunity of going abroad which was sponsored by the company. Hence, the complaint.
On the basis of the said passport, if the complainant had travelled outside the country, she would have been found guilty for various offences. Hence, instead of travelling, she was required to approach the District Forum for this deficiency and negligence on the part of the concerned officer. The District Forum allowed the complaint in part and directed the petitioner to pay compensation of Rs.10,000/- and costs of Rs.2,000/- to the complainant. Against that order, the petitioner preferred Appeal before the State Commission, Maharashtra. The State Commission appreciated the evidence after verifying the passport, which was found to be without signature of the Passport Officer, and dismissed the Appeal. Against that order, this Revision Petition is filed.
Learned counsel appearing on behalf of the petitioner submitted that the Passport Officer, while issuing the passport, was exercising sovereign function. In our view, this contention is totally baseless. There is no question of exercising sovereign function. He was discharging a statutory duty.
He further submitted that the officer was discharging his duties without recovering any fee and, therefore, this would not be a consumer dispute. In our view, 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 2(1)(g) of the 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. Admittedly, the petitioner is charging fee for issuance of passport and, hence, service is availed by paying fee. A passport, which is issued without the signature of the Competent Authority, is on the face of it invalid which would have placed the complainant in a precarious position and she might have been hauled up for various offences if she had tried to go abroad on that passport. Such lapse amounts to a serious deficiency in discharge of duties, which is in the nature of rendering of service, hence, the complaint is maintainable. This Revision Petition is, therefore, dismissed.
(M.B. SHAH)
PRESIDENT
(RAJYALAKSHMI RAO)
MEMBER
(ANUPAM DASGUPTA)
MEMBER
Guest
(Expert) 14 April 2010
Mr Parveen has given exact case law. It's true that issuence or non-issuence of passport can be a soverign function but issuence of invalid passport falls in deficiency in service and its consumer dispute. that's wat the National Commission held in that case.
