Indian Kanoon - Search engine for Indian Law

4. The parties led their evidence by way of affidavits and documents.

5. The learned District Forum, after going through the pleadings of the parties and evidence on the record, partly allowed the complaint in the aforesaid terms.

6. Aggrieved by the order, the opposite party has preferred First Appeal No.2099 of 2010 on the ground that the District Forum, without deciding the preliminary objection to the effect that the complainant was neither consumer nor the issue or non-issue of passport to him was a consumer dispute as per Section 2(1)(d) of the Consumer Protection Act, 1986 (in short "the Act"), held the opposite party deficient in service and wrongly allowed the complaint. It was further submitted that every passport application has to go through prescribed internal security procedures as well as were required from security agencies such as police and CID. The Passport Act also provides for refusal/impounding/revocation and appeal procedures & under Sections 6, 10 and 11 of the Act. The opposite party never ensured that passport will certainly be made available under all circumstances. The presence of any adverse feature would necessitate the refusal of the issue of passport under the Passport Act, 1967. Acceptance of the appeal and setting aside of the impugned order was prayed.