State Consumer Disputes Redressal Commission
Joane Pragya D'Cruze vs 1. Superitendent Of Police on 19 January, 2012
DRAFT : A/12/08 (PNK+DK) (19/01/2012)
BEFORE THE HON'BLE STATE CONSUMER DISPUTES
REDRESSAL
COMMISSION, MAHARASHTRA,
MUMBAI
First Appeal No. A/12/8
(Arisen out of Order Dated 14/10/2011 in Case
No. 426/2011 of District Thane)
1.JOANE PRAGYA D'CRUZE A-204 OM NAGESHWAR CO-OP HSG SOC FATAK ROAD MR MANDLI TALAV BHAYANDER WEST THANE 401101 ...........Appellant(s) Versus
1. SUPERITENDENT OF POLICE THANE GRAMEEN THANE
2. PASSPORT OFFICER PASSPORT OFFICE THANE ...........Respondent(s) BEFORE:
Hon'ble Mr. P.N. Kashalkar PRESIDING MEMBER Hon'ble Mr. Dhanraj Khamatkar Member PRESENT:
AR MR ARUN D'CRUZ, Advocate for the Appellant 1 ORDER (Per Shri P.N.Kashalkar, Honble Presiding Judicial Member) (1) This is an appeal filed by the original complainant whose complaint against Superintendent of Police, Thane Gramin and Passport Officer, R.P.O., Thane was dismissed by the District Forum, Thane. After finding that issuing a passport by Passport Office is not a matter of consumer dispute, the District Forum dismissed the complaint.
Moreover, the complainant has not produced proof about her residential address at Thane. So, police authorities could not make verification and issue clearance certificate or N.O.C. Aggrieved by the refusal to give passport, the complainant approached the District Forum, Thane. District Forum held that the Forum cannot take cognizance of such complaint. We are of the view that issuing passport to the citizen is a sovereign function of the Govt. of India which may not be interfered with under the garb of Consumer dispute. District Forum has rightly dismissed the complaint. We, therefore, do not find any substance in the appeal. Hence, the order.
ORDER (1) Appeal stands dismissed.
(2) No order as to costs.
(3) Inform the parties accordingly.
Pronounced on 19th January, 2012.
[Hon'ble Mr. P.N. Kashalkar] PRESIDING MEMBER [Hon'ble Mr. Dhanraj Khamatkar] Member pgg