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Judgment
THIS is an appeal against the order passed by the District Consumer Disputes Redressal Forum, Madurai. The complainant filed the complaint for a direction to the Passport Officer to issue fresh passports without any correction and endorsement to him and his two sons.
THIS complaint was accepted by the lower Forum, Madurai. Consequently, the present appeal. No doubt before the lower Forum, the Passport Officer and the Regional Passport Officer did not appear and they were set ex parte. Issue of passport is not the matter of right nor any citizen has got a vested right to insist upon the issuance of passport in his favour. The Passport Officers are empowered under the Indian Passport Act to discharge their duties. Thus, they are discharging statutory functions. When a citizen applies for passport, he applies as a citizen and unless the Passport Authorities are satisfied that the conditions laid down under the Act and the Rules and Regulations are satisfied, a citizen is not entitled to issuance of a passport, more so as of right. The issuance of passport is not service rendered by the Passport Officer to a citizen on hire nor the citizen can be treated as a consumer when he applies for a passport and even if he pays the necessary fees for the same. The issuance of passport is done by the Passport Authorities vested with powers and who are thus discharging their statutory functions. If there is any failure on the part of the Passport Officers to issue passport, the remedy of the complainant is not to move to a Consumer Redressal Forum. The lower Forum has completely omitted to consider these aspects and had mechanically ordered the complaint. The complaint is not maintainable in law since the complainant is not a consumer. Moreover a person cannot by making one application ask for a issuance of passport in his favour and in favour of his family members as they all have to be made parties.
Thus, we find that there is utter lack of appreciation on the part of the lower Forum, Madurai. Consequently, the appeal has to be allowed setting aside the order of the lower Forum. Therefore, this appeal is allowed with cost of Rs. 250/-. The order of the lower Forum is hereby set aside. Time for compliance two months. Appeal allowed.