- (1.) THIS order will govern disposal of Appeal No.458/ 2009 and 465/2009 which arise out of order passed by District Consumer Disputes Redressal Forum, Raipur (hereinafter called as "District Forum" for short) in Complaint Case No. 140/2008 dated 4.8.2009.
(2.) BRIEF facts necessary for disposal of these appeals are that the complainants had contacted the OP to get name and surname corrected in their passports on 8.5.2007. As per averments of the complaint the OP is a travel agent who also provides services for getting passports prepared, arranges for foreign exchange, package tour as well as air tickets on commission basis. The complainants had received passports on 8.4.2007 bearing No.G -2257385 and G -2257361 which were prepared by Passport Office, Bhopal. In the passport of complainant No.1, the surname, of the said complainant was wrongly mentioned as 'Thoparai' instead of 'Boparai'. Similarly in the passport of complainant No.2 name as well as surname were wrongly mentioned. Instead of 'Karnail' Kaur, 'Karnal Kaur' was mentioned and instead of 'Boparai', Thoparai, was mentioned. To rectify these mistakes, the complainants had approached the OP who charged Rs.4,000 for each passport and assured that he will deliver the passports back to the complainants within a period of 21 days after getting the same rectified. However the OP failed to deliver the passports even after long period of more than a year hence complaint was filed. It was further averred in the complaint that as per rules no fee is payable for correction of name or surname if application is made within a period of six months yet OP had taken Rs.4,000 for each passport. It was further averred that complainantNo. 1 suffers from Parkinsinism. The daughter of the complainants, Smt. Kamaljeet Kour, resides at Canada and is a Nurse by profession. She had contacted Dr. Rohit Nagpal for better treatment of her parents and showed various papers to the said doctor, who had advised her to show her father to a Neurologist and had also made reference to Dr. Glynis Koponen. The appointment with the Neurologist was fixed for 5.11.2007. The complainant's daughter had made all arrangements for treatment of her father and had also arranged for medical and tourist visa. Besides this, complainant's daughter had also purchased a new house at Canada and house warming ceremony was to be performed. The complainants had also to attend that ceremony, but due to negligence of OP the complainants were unable to go to Canada and to consult the Doctor as well as to attend the house warming ceremony of their daughter. This caused considerable mental harassment and loss to the complainants and complainant No.l was also deprived of opportunity of consulting a renowned Neurologist at Canada. During pendency of complaint before the District Forum the OP furnished passports in dilapidated condition on 30.1.2009. Thereafter complainants took initiative themselves to get necessary correction in the passports carried out. They deposited passports with Passport Office on 18.2.2009 and duly corrected passports were delivered to the complainants on 26.2.2009. As the OP had damaged the previous passports, complainants had to incur additional expenditure of Rs.2,500. Besides this the OP unnecessarily kept the passports in his possession for a period of two years and due to this, complainants had to spent Rs.10,000. It was averred in the complaint that by charging excessive amount from the complainants, the OP had committed deficiency in service. Complainants prayed for relief as detailed in the complaint.
(3.) RESISTING the complaint the OP denied all allegations. It was averred that the passports of the complainants were prepared by Bhopal Passport office. Correction in such passports was also to be done by same office. Such correction was possible only under Passport Act, 1967 after providing fee therefore, the OP had charged a sum of Rs.4000 for each passport. It was averred in the written version that the OP had not given any assurance regarding period within which the passports would be handed over after getting the same corrected. It was further averred that in case of any change in name, mentioned in the passports the correction is to be made under Section 4(B)(2). Certain formalities are required to be completed but despite intimation in this regard being given to the complainants, they failed to fulfil the requirements hence the corrections could not be carried out. It was averred that complainants are not entitled to any relief as claimed by them. The District Forum allowed the complaint and directed the OP to pay a sum of Rs.29,000 to the complainants within a period of one month together with interest @ 9% p.a. calculated from the date of complaint. Aggrieved by the aforesaid orders both parties have filed appeals. For the sake of convenience and to avoid any confusion parties would be referred in this order as "complainants" and OP respectively.;