Legal Question in Consumer Law in India

I applied for a fresh passport in Sep 2011 in Regional Passport Office Srinagar-j&K. I am studying MBA and I am currently staying at my college hostel in Bangalore. Since I was there at my home for one month and I thought my Police verification would get completed in one month so I didn't mentioned my current address as Bangalore in the application form. My police verification- stating that I was currently in Bangalore -got completed in July 2012 and the Passport Officer received the verification in the same month. Till this time I had already traveled thrice to Srinagar to move the file from one department to another.

Now when i made frequent calls to passport officer and no one picked the phone and neither could I get the online status nor could the customer care-18002581800- help me because the application form was submitted offline, I shoot a mail to the passport officer. They finally replied me in the month of September that you need to furnish 3 PP forms. I first submitted the SCAN copy of the same and they said it will do. They again demanded the hard copy of the same forms to be submitted personally. As a result I again traveled and submitted the forms and I asked for the acknowledgement, stating that they received the forms. They denied to give any acknowledgment or any receipt.

Now on 21st of Jan'13 when I requested my brother to go to the office and inquire about the file, to my surprise they again denied to have received such forms and they again asked for the same PP forms. And after escalating the issue with Ministry of EA and using harsh words in my email to Passport Officer, he wrote back to me on 28rd of Jan'13 that they had already send the file to Police Commissioner Office Bangalore and my file lies with them only for verification at my current address. When I contacted the latter's Office , they denied to have received such file from RPO Srinagar. They later on received it on 4th Feb only.

After getting my verification done here in Bangalore I again traveled to Srinagar hoping that now I will get the passport. When I went to RPO Srinagar on 26th March to ask about my passport, now this time they denied to have received verification report from Bangalore and I insisted that they would have received it as Bangalore Police has already send it, they asked for a proof of having received such verification. As a result I had to get the Consignment Number over phone from Police Commisioer Office Banaglore. I went to GPO Srinagar to get the tracking detail's and get its print out signed by concerned authorities. Tracking details showed that they had already received the verification report on 19th Feb'13.

On showing the tracking details they now said your file is missing and that there is a pile of files in one room it might be there but then you will have to search it yourself. I had no option and searched the file and got it processed there only.

Now I got a letter on my Bangalore address that I have to pay a penalty of Rs 5000( Rupees Five Thousands) for "suppressing the information" . only then I can get the passport.

Now kindly guide me for :

a) Since I am a student and am staying at hostel and as per S.No VII of Section 12(1) (B) of Passport Act, 1967 I have to pay Rs 500 as fine. How can I be fined Rs 5000 as against Rs 500 only . Has the Article been amended and has the charges been revised? Or is he applying sum other S No of the same Article.

b) Since this entire process has costed me a lot in terms of money and time and that due to the negligence and denial of having received my documents and then unnecessarily keeping my file idle and keeping me waited for months even after receiving verification reports on time, Can I file the writ petition against the Passport Officer. If yes on what grounds and where to file it.

c) I want to sue the authority and want them pay for my every single suffering during this period, should I go to consumer court or File the writ petition.

Thanks and best regards.


Asked on 4/11/13, 8:10 am

1 Answer from Attorneys
Jayesh Desai Jayesh Desai

a. ) I am reproducing Sec. 12 (1) (b)

12. Offences and penalties

(1) Whoever-

(a) contravenes the provisions of section 3; or

(b) knowingly furnishes any false information or suppresses any material information with a. view to obtaining a passport or travel document under this Act or without lawful authority alters or attempts to alter or causes to alter the entries made in a passport or travel document; or

(c) fails to produce for inspection his passport or travel document (whether issued under this Act or not) when called upon to do so by the prescribed authority; or

(d) knowingly uses a passport or travel document issued to another person; or

(e) knowingly allows another person to use a passport or travel document issued to him, shall be punishable with imprisonment for a term which may extend to 7[two years or with fine which may extend to five thousand rupees] or with both.

You are liable for fine of Rs. 5000/-.

b) Yes, you can - grounds you have stated in your query.

c) Writ Petition.

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Answered on 4/15/13, 5:03 am


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