PASSPORT OFFICER Vs. RICHA BHANDARI

JUDGEMENT

(1.) Pursuant to a reference made by a Two -Members Bench of this Commission on 17.11.2015, the following questions of law have been referred to this Bench for decision:

(2.) Sec. 2(1)(d) of the Consumer Protection Act, to the extent it is relevant defines the term 'consumer' to mean any person who hires or avails of any services for a consideration. The term 'service' is defined in Sec. 2(1)(o) of the Act to mean service of any description which is made to potential users, including though, not limited to the service enumerated therein. The aforesaid term however, does not include the rendering of any service free of charges or under a contract of personal service.

(3.) Since the aforesaid term includes service of any nature made available to the user, unless rendered free of charge or under a contract of personal service, the first question which arises for our consideration is as to whether the activities of the Passport Office, post -order of the Passport Officer directing/approving issue of a passport to an applicant is rendered free of charge or for a consideration. Sec. 5 of the Passports Act, 1967, to the extent it is relevant, provides that an application for issue of a passport shall be accompanied by such fee as may be prescribed "to meet the expenses incurred on special security papers, printing, lamination and other connected miscellaneous service in issuing passports and other travel documents". It is therefore, evident that a person applying for issuance of a passport does pay a consideration in the form of a prescribed fee and the said consideration is paid for the expenses incurred in the activities post passing of the order, directing/approving issuance of passport to the applicant. In other words, the said fee is not paid to meet the expenses involved in the process of the Passport Officer deciding whether the passport should be issued to the applicant or not. Therefore, going by the definition of the terms 'service' and 'consumer' contained in the Consumer Protection Act, a person applying for a passport would be a consumer as defined in the Consumer Protection Act, in case he is aggrieved from a defect or deficiency including an unjustified delay in the services rendered to him by the Passport Office, post decision/approval of the passport officer to issue a passport to him. Such activities would include printing, preparation, dispatch and delivery of the passport to the applicant.