If you are stuck in such a situation, here is what to do.

Mr. Kumar, a resident of Anandpur, recently faced a frustrating situation while trying to renew his passport. He attempted to book an appointment through the official Passport Seva portal and paid the required fee using his account with Bharat National Bank (BNB). Although the amount was debited from his account, the portal displayed a “transaction failed” message, and no appointment was scheduled.

The website’s instructions led him to contact BNB’s customer service. After numerous unsuccessful attempts to reach them by phone, he sent an email. The bank responded, confirming that the transaction was successful and the funds had been transferred to the passport authority’s account. Armed with this information, Mr. Kumar contacted the Passport Seva helpline again. They advised him to send an email detailing the issue, which he did, but he received no response. Subsequent calls resulted in the same advice, creating a frustrating loop.

Taking matters into his own hands, Mr. Kumar visited the Regional Passport Office in Anandpur. The officials there provided him with a list of different email addresses to which he should forward his complaint. He complied and sent the emails twice more, yet his issue remained unresolved and his money was not refunded even after several months. The officials on-site vaguely hinted at bureaucratic hurdles causing the delay, leaving him with no clear path to getting his money back.

Advice in such cases

Experiencing such a runaround from a government service provider can be disheartening. However, there are specific legal remedies available to address this “deficiency in service.”

• Document Everything: Keep meticulous records of all communication. This includes screenshots of the failed transaction, bank statements showing the debit, copies of all emails sent to the bank and the passport office, and notes of any phone calls with dates, times, and names of officials spoken to.
• Send a Formal Legal Notice: The next step is to have a lawyer draft and send a formal legal notice to the Regional Passport Officer and any other concerned departments. This notice will detail the entire sequence of events, the deficiency in service, and demand a refund of the amount along with compensation for the harassment and costs incurred within a specific timeframe (e.g., 15 or 30 days).
• File a Consumer Complaint: If the legal notice is ignored, you can file a complaint with the Consumer Disputes Redressal Commission (Consumer Court) under the Consumer Protection Act, 2019. This can be done online through the e-Daakhil portal or physically at the District Commission in your jurisdiction.
• Use the RTI Act: You can file a Right to Information (RTI) application to ask specific questions about your transaction, such as requesting official confirmation of whether they received the funds from your bank on the specific date. This can serve as crucial evidence.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A Good lawyer can get the issues resolve in 7-10 days.

Applicable Sections of Law

This issue is primarily governed by civil law, not criminal law. The main statutes applicable are:

• The Consumer Protection Act, 2019: This Act protects consumers against “deficiency in service.” When you pay for a service (like a passport appointment) and do not receive it, it constitutes a clear deficiency. The Act empowers consumer courts to order refunds, award compensation for mental agony and harassment, and cover litigation costs.
• The Right to Information Act, 2005: This Act can be used to obtain official information from public authorities to strengthen your case.

While one might consider criminal action for cheating, it is generally not applicable here as there is likely no criminal intent (mens rea) to deceive, but rather a case of administrative failure and negligence. The appropriate forum is the consumer court.

If you are the complainant

As the complainant, your role is to present a clear and well-documented case. You are considered a ‘consumer’ because you paid for a ‘service’. You must file the complaint before the District Consumer Commission that has jurisdiction over the area where the passport office is located or where you reside. Your complaint should narrate the facts, attach all evidence, and specify the relief you are seeking (refund, compensation, costs).

If you are the victim

As the aggrieved party in this situation, you have the right to receive the service you paid for or a full refund. Under the Consumer Protection Act, you are not just entitled to the principal amount but also to be compensated for the trouble and mental distress caused by the deficiency in service. The goal of the legal process is to make you whole and penalize the service provider for their negligence.

How the police behave in such cases

The police are unlikely to intervene in such matters. If you approach a police station, they will correctly identify the issue as a civil dispute related to service deficiency, not a criminal offense. They do not have the jurisdiction to order a refund or mediate in such cases. They will rightly advise you to approach the consumer court, which is the specialized forum for these disputes.

FAQs people normally have

Can I file a case against the Passport Office?
Yes, the Passport Office is a service provider, and you are a consumer. You can file a case against them in the appropriate Consumer Disputes Redressal Commission for deficiency in service.

Is it mandatory to hire a lawyer for the consumer court?
While it is not mandatory and you can represent yourself, hiring a lawyer who specializes in consumer law is highly advisable. An advocate can navigate the procedures effectively, draft compelling arguments, and ensure your case is presented professionally, increasing your chances of a favorable outcome.

What if the passport office ignores the consumer court’s notice?
If the opposite party (the passport office) fails to appear after being served a notice, the Consumer Commission has the power to proceed with the case ex-parte (in their absence) and pass an order based on the evidence you have provided.

What evidence is required?

To build a strong case, you will need the following evidence:

• Bank statement clearly showing the debit of the passport fee.
• Screenshot from the passport portal showing the “transaction failed” message.
• Copies of all email correspondence with the bank and the passport office.
• A copy of the legal notice sent to the passport office and the postal receipts.
• Any RTI responses received.
• A detailed affidavit narrating the sequence of events.

How long will the investigation take?

The term “investigation” is more suited to criminal cases. In the consumer court, it is a “proceedings” or “adjudication” process. The Consumer Protection Act, 2019, mandates a swift resolution, ideally within three to five months from the date of admission of the complaint. However, depending on the caseload of the commission and the complexity of the case, it may sometimes take longer. A well-drafted complaint with clear evidence often leads to a faster resolution.

Advocate Sudhir Rao, Supreme Court of India