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Regional Passport Officer Vs. Dr. Rajesh Bhatia - Court Judgment

SooperKanoon Citation
CourtUnion Territory Consumer Disputes Redressal Commission UT Chandigarh
Decided On
Case NumberAppeal Case No. 53 of 1996
Judge
AppellantRegional Passport Officer
RespondentDr. Rajesh Bhatia
Excerpt:
consumer protection act, 1986 - section 2(1)(g) - comparative citations: 1997 (2) cpc 586, 1997 (3) cpj 609.....been preferred by the regional passport officer. 2. we have examined the record of the district forum, chandigarh. the relevant lines from the affidavit of shri bhagat ram, regional passport officer, chandigarh dated 16.2.1995 are reproduced as under: 3. "that para 3 of the affidavit is incorrect as stated. it is submitted that the petitioner was in a hurry to get his passport renewed and he voluntarily offered to pay rs. 600 /- as fax charges to get the necessary confirmation and accordingly he deposited. however, the petitioner was informed that he should collect his renewed passport on next day i.e. 22.7.1993 and accordingly he received the passport duly renewed on 22.7.1993. it is totally false, frivolous and concocted to allege that he was ever asked to come after a week's.....
Judgment:

J.B. Garg, President:

1. Dr. Rajesh Bhatia had been a resident of House No. 1055, Sector 15, Chandigarh. He had been living in Canada as a Non-resident Indian. In June, 1993 he came to Chandigarh. An important purpose was renewal of his passport. When his application for renewal was pending, he deposited a sum of Rs. 600/- specific charges for making an inquiry by means of a fax message. Dr. Rajesh Bhatia considered that this expense of Rs. 600/- was uncalled for and he instituted a complaint. The Consumer Disputes Redressal Forum, Union Territory, Chandigarh ordered on 4.4.1996 refund of Rs. 600/- together with interest @ 18% per annum. Aggrieved against it the present appeal has been preferred by the Regional Passport Officer.

2. We have examined the record of the District Forum, Chandigarh. The relevant lines from the affidavit of Shri Bhagat Ram, Regional Passport Officer, Chandigarh dated 16.2.1995 are reproduced as under:

3. "That para 3 of the affidavit is incorrect as stated. It is submitted that the petitioner was in a hurry to get his passport renewed and he voluntarily offered to pay Rs. 600 /- as fax charges to get the necessary confirmation and accordingly he deposited. However, the petitioner was informed that he should collect his renewed passport on next day i.e. 22.7.1993 and accordingly he received the passport duly renewed on 22.7.1993. It is totally false, frivolous and concocted to allege that he was ever asked to come after a week's time. Rest of the contents of para under reply are vague."

4. "It is submitted that amount of Rs. 600/- offered and paid by the petitioner as fax charges for confirmation has already been accounted for in the Government accounts. Any refund for the same or unutilised amount has to be made in accordance with the rules and that too after proper applying for the same. The petitioner is misleading the Forum by giving wrong facts. In real sense, only one day i.e. 21.7.1993 was taken to process the case. Normally, it takes a period ranging between 3 days to 15 days or even more depending upon each case."

3. The facts which find mention in the aforesaid paras of the affidavit have not been controverted nor the respondent has come forward to oppose this appeal. Thus it is a case where the passport was submitted for renewal on 21.7.1993 and after required renewal it was delivered to him on 22.7.1993. The sum of Rs. 600/- was deposited in the Government account for quick verification through Fax. Thus there was no deficiency in this case and the conclusion is that the appeal succeeds. The impugned order is set aside and the complaint stands dismissed.


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