Daksh Management — passport assistance

DATE OF DECISION : 23.01.2018 04.02.2019 04.02.2019 N.K. Sharma, President Ms. Sonica Mehrotra, Member Order passed by Ms. Sonica Mehrotra, Member ORDER Grievance of the complainant against the OP as made out in the present complaint is that his younger brother had received a business promotion call from OP representing themselves as agent for getting home loan, loan against properties PL/BL, O.D. D.O.D., Tour Packages, Visa, Passport etc., and on complainants asking OP to get his passport made, OP assured that they will get entire process done without complainant having to undergo any running around. The complainant, believing the assurance made by the OP executive who visited the residence of the complainant, asked OP to get passport made for his wife, his three children and himself. The OP asked for a total sum of Rs. 10, 600/- as expenditure for paper work and process fees etc., and asked the complainant for advance of Rs. 9, 000/- for initial document and rest Rs. 1, 600/- on issuance of passports. The complainant accordingly paid Rs. 9, 000/- to OP on 22.08.2017 duly acknowledged by OP vide cash receipt no. 105 dated 22.08.2017 signed by its authorized signatory. The OP thereafter assured the complainant that the passports shall be ready in next 15-20 days. However, when the complainant starting following up with OP after a lapse of considerable period of time, for non receipt of passports or any progress made in this regard, the OP never gave any satisfactory response and eventually disconnecting and stopped receiving complainants calls. The complainant lodged a complaint against OP with Public Grievance Monitor System on 23.11.2017 vide complaint no [protected] after which he received a letter from Honble SCDRC dated 13.12.2017 wherein he was advised to seek redressal before the appropriate Consumer Forum. Therefore the complainant, feeling aggrieved at the harassment and physical, mental and financial agony suffered due to deficient service rendered by OP, was constrained to file the present complaint before this Forum against the OP praying for issuance of direction against the OP to refund Rs. 9, 000/- as process fees taken by OP for preparation passport alongwith compensation for Rs. 50, 000/- for mental harassment and Rs. 20, 000/- toward litigation charges.

The complainant had attached copy of cash receipt acknowledgment no 105 dated 22.08.2017 issued by OP in favour of complainant for Rs. 9, 000/- copy of online complaint lodged by complainant against OP with PGMS, GNCTD and copy of letter dated 13.12.2017 from Honble SCDRC to complainant advising him to take up legal remedy with concerned District Forum.

Notice was issued to the OP on 05.02.2018 and was served on it on 28.02.2018. However, non-appeared despite service and therefore OP was proceeded against ex-parte vide order dated 07.05.2018.

Complainant filed ex-parte evidence by of affidavit and written arguments on 08.08.2018 and 12.10.2018 respectively.

We have heard arguments addressed by the complainant and perused the supporting document attached with the complaint. In absence of rebuttal and any defence put forth by OP due to its willful non appearance, we have no reason to disbelieve the version / grievance made out by the complainant in the present complaint and therefore we allow the present complaint against the OP holding OP guilty of deficiency of service for having failed to process the passport documentation of the complainant despite having received 85% of the total process of fees by way of advance payment from the complainant. We therefore direct the OP to refund Rs. 9, 000/- to the complainant and in addition to pay a compensation of Rs.

4, 000/- to the complainant towards mental harassment inclusive of litigation charges.

Let the order be complied by OP within 30 days of receipt of copy of this order.

Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.

File be consigned to record room.

Announced on 04.02.2019 (N.K. Sharma) President (Sonica Mehrotra) Member