ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Date of Institution: 08.07.2022 Reserved on : 12.09.2023 Decided on : 04.10.2023 The Regional Passport Office, SCO No.42-51, Pocket-1, Near Bus Stand Jalandhar-144001 through its Regional Passport Officer .….Appellant/opposite party Versus Rashpal Singh son of Sh. Sain Dass, resident of village Chawa, PO Pul Tibri, Tehsil and District Gurdaspur-143 521 .....Respondent/Complainant First Appeal under Section 41 of the Consumer Protection Act, 2019 against order dated 28.04.2022 passed by District Consumer Commission, Gurdaspur Quorum:-

Mr. H.P.S. Mahal, Presiding Judicial Member.

Ms. Kiran Sibal, Member.

Present:-

For the appellant : Sh. Indresh Goel, Advocate For respondent : Sh. Bhavesh Aggarwal, Advocate KIRAN SIBAL, MEMBER:-

This appeal has been preferred by the appellant against order dated 28.04.2022 passed by District Consumer Disputes Redressal Commission, Gurdaspur (in short, “the District Commission”), whereby the complaint filed by appellant/complainant against respondent/opposite party (in short ‘OP’) was party allowed as under:-

“In the light of the all above, we partly allow the present complaint and thus order the OP office to pay the complainant Rs.1,20,000/- on account of the Air-Ticket Loss @ 6% PA from the date of its purchase till actual realization and another Rs.50,000/- as lump-sum compensation for the remaining financial loss as well as for his having suffered other hardships etc., besides Rs.5,000/- as cost of litigation; all, payable within 45 days of receipt of the copy of these orders.”

2. It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

3. Brief facts, as averred in the complaint, are that complainant was holder of Indian Passport bearing No.L-1088614 issued by the OP. The son of the complainant, who is permanently residing in Canada, booked two tickets of Rs.1,20,000/- each for the complainant and his wife to visit Canada on Tourist Visa. The complainant along with his wife had to go to Canada on 06.03.2019 and to return back on 12.04.2019. Accordingly, the complainant along with his wife reached at Indira Gandhi International Airport, New Delhi, on the scheduled date and time but the Airport Authority did not allow the complainant to travel to Canada. The complainant approached the concerned official of the Airport Authority and put the query with regard to the said refusal. But he did not give any satisfactory reply rather impounded the Passport of the complainant, vide seizure Memo Dated 05.03.2019, and sent the same to the OP without assigning specific reason. The complainant was compelled to send his wife alone to Canada, who is a household lady and never travelled alone even in India. Thereafter, the complainant visited the OP office at Jalandhar time and again but of no use. However, on 25.03.2019, the complainant received his passport with Enquiry Slip sent by the OP through ordinary post at his residential address. On inquiry, the officials of the OP disclosed that due to some incomplete on-line updation with regard to the passport of the complainant, the airport authority did not allow him to travel and further told that all the formalities/updations are completed. The complainant alleged that due to sheer negligence of the OP office with regard to non-updating the requisite information on its online system, he and his wife suffered great mental agony, pain and harassment at the hands of the OP. Hence, the complainant filed the consumer complaint before the District Commission and sought directions against the OP to pay Rs.1,70,000/- which includes Air Ticket charges, hotel fair, taxi charges along with interest @ 9% PA and further to pay Rs.3,00,000/- as compensation for harassment, pain and mental agony and Rs.20,000/- as cost of litigation.

4. The complaint was contested by the OP, who filed reply and raised certain preliminary obj