When consumer complaint is maintainable in respect of issue of passport?
The Government of India has already outsourced a number of functions post-decision of the
Passport Officer to issue passport to an applicant, to an outside agency. A perusal of the Press
Release dated 30.7.2014 issued by Government of India, Ministry of External Affairs would show
that under a Public-Private Partnership approach adopted by the Government, while retaining the
core and sovereign functions such as verification of supporting documents, police verification,
decision on grant of passports, revocation and impounding of passports, the activities such as
token issuance, initial security of application forms, digitization of documents, taking photographs
and biometrics are now being performed by the staff of the service provider. The aforesaid step
taken by the Government also indicates that the activities post decision of the passport officer to
issue the passports to an applicant, i.e. activities such as printing, preparation, dispatch and
delivery of the passport etc., are non-sovereign activities and that is why the said activities have
been outsourced to a private agency.
For the reasons stated hereinabove, the reference is answered as under:
(i) A person, who applies for a passport and to whom a passport is ordered to be
issued, is a consumer as defined in the Consumer Protection Act. We make it clear
that he will be a consumer only in respect of the activities which the Passport
Office or the agency to which such activities are outsourced, undertakes, after the
decision of the Passport Officer to issue a passport to the applicant;
(ii) An 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 the service as defined in Section 2(1)(f) and 2(1)(g) respectively of
the Consumer Protection Act and a consumer complaint, seeking compensation for
such a defect or deficiency is maintainable;
(iii) any defect or deficiency in the document of passport issued to a person would
constitute defect or deficiency as defined in Section 2(1)(f) and 2(1)(g) respectively
of the Consumer Protection Act and a consumer complaint, seeking compensation
for such a defect or deficiency is maintainable.
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
REVISION PETITION NO. 120 OF 2015
(Against the Order dated 16/10/2014 in Appeal No. 294/2012 of the State Commission Rajasthan)
1. PASSPORT OFFICER, PASSPORT OFFICE
J-14, JHALANA, DUNGRI,
JAIPUR,
RAJASTHAN ...........Petitioner(s)
Versus
1. RICHA BHANDARI
BEFORE:
HON'BLE MR. JUSTICE V.K. JAIN, PRESIDING MEMBER
HON'BLE DR. B.C. GUPTA, MEMBER
HON'BLE MRS. M. SHREESHA, MEMBER
Dated : 16 Mar 2016
https://www.lawweb.in/2016/03/when-consumer-complaint-is-maintainable.html
