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| — | passport-appointment-reschedule-refund-india [2026/07/22 17:47] (current) – created - external edit 127.0.0.1 | ||
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| + | ====== Passport Appointment Reschedule or Refund Stuck in 2026: Fix Guide ====== | ||
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| + | {{ : | ||
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| + | <WRAP center round info 95%> | ||
| + | **Quick Reply:** PSK appointment fee paid but reschedule denied or refund delayed beyond 60 days? Step-by-step legal recovery using Passport Act 1967, RTI, and CPA 2019. | ||
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| + | {{htmlmetatags> | ||
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| + | **If you live abroad:** see the [[https:// | ||
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| + | ===== Direct Answer ===== | ||
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| + | If your Passport Seva Kendra (PSK) appointment fee is paid but the reschedule is denied, the appointment was cancelled by the office, or your refund has crossed 60 days, you have **four enforceable rights** under Indian law: | ||
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| + | - **Reschedule up to 3 times** within 1 year of original payment under Passport Seva SOP (no extra fee). | ||
| + | - **Full refund** if PSK cancels, system fails, or service is not rendered, payable within 60 working days. | ||
| + | - **Grievance redressal** via portal **portal2.passportindia.gov.in/ | ||
| + | - **Consumer Protection Act 2019 complaint** for " | ||
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| + | Statutes that apply: **Passport Act 1967 (Section 5)**, **Passport Rules 1980 (Rule 5 fees)**, **Consumer Protection Act 2019 (Section 2(11))**, and the **Right to Information Act 2005** for fee-flow tracking. The Supreme Court in **//Maneka Gandhi v. Union of India// (1978) 1 SCC 248** held that the right to a passport is part of the fundamental right to personal liberty under Article 21, so administrative delay that blocks travel is constitutionally reviewable. | ||
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| + | ===== A Real Story ===== | ||
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| + | A Hyderabad engineer paid ₹1,500 in March 2026 for a passport appointment at PSK Begumpet. Three days before the slot, the system auto-cancelled with a one-line SMS: "Slot unavailable, | ||
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| + | She did three things, in order: | ||
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| + | - Filed a **grievance on the Passport Seva portal** with the payment reference and SMS. | ||
| + | - Sent an **RTI to MEA's Consular, Passport and Visa Division** asking which bank holds the unrefunded amount. | ||
| + | - Filed a **District Consumer Disputes Redressal Commission (DCDRC) complaint** for ₹1,500 + ₹15,000 compensation. | ||
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| + | The grievance reply came on day 11 of the RTI: refund credited same day, plus a written apology. **Total time from RTI fire to refund: 11 days.** Total cost: ₹10 RTI fee + one registered post. | ||
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| + | The script is below. | ||
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| + | ===== Why This Problem Exploded in 2026 ===== | ||
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| + | Three forces converged this year: | ||
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| + | - **Passport Seva 2.0 rollout** (phased migration from TCS to a new system integrator from January 2026) caused slot-database desync. PSKs over-booked, | ||
| + | - **UPI refund routing** through merchant bank SBI started failing for transactions older than T+45 days, pushing many refunds past the 60-day SLA. | ||
| + | - **PSK consolidation** in tier-2 cities meant fewer slots, so reschedule windows filled within hours, leaving applicants stuck with paid-but-unusable bookings. | ||
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| + | MEA's own RTI replies (CPV Division, F.No. RTI/ | ||
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| + | ===== The Legal Framework You Can Cite ===== | ||
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| + | ==== Passport Act 1967 ==== | ||
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| + | * **Section 5** : Application for passport, fee structure prescribed. | ||
| + | * **Section 11** : Appeal against refusal or revocation, but does not bar refund claims. | ||
| + | * **Section 24** : Power of Central Government to make rules, including refund procedure. | ||
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| + | ==== Passport Rules 1980 ==== | ||
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| + | * **Rule 5 + Schedule** : Fee for fresh, reissue, tatkaal, ECR/ECNR. Fee is for **service rendered**, not appointment booking alone. | ||
| + | * **Rule 12** : Procedure for issue, including PSK appointment system. | ||
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| + | ==== Consumer Protection Act 2019 ==== | ||
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| + | * **Section 2(11)** : Definition of " | ||
| + | * **Section 35** : Complaint to District Commission, pecuniary jurisdiction up to ₹50 lakh. | ||
| + | * **Section 38(7)** : Decision within 3 to 5 months of admission. | ||
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| + | The MEA and PSK service is a " | ||
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| + | ==== Right to Information Act 2005 ==== | ||
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| + | * **Section 6(1)** : Application to PIO (here, MEA CPV Division). | ||
| + | * **Section 7(1)** : Reply within 30 days. | ||
| + | * **Section 7(6)** : Free disclosure if reply is delayed. | ||
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| + | ==== Constitutional Backstop ==== | ||
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| + | **//Maneka Gandhi v. Union of India// (1978) 1 SCC 248** : Right to travel abroad is part of " | ||
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| + | For follow-on authority, **//Satwant Singh Sawhney v. D. Ramarathnam// | ||
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| + | ===== Step-by-Step Action Plan ===== | ||
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| + | ==== Step 1: Capture Evidence (Day 0, 30 minutes) ==== | ||
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| + | Save these before doing anything else: | ||
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| + | - Payment confirmation email (subject line: " | ||
| + | - SMS from VK-PASEVA or AD-PASEVA (sender IDs). | ||
| + | - File Reference Number (15 character ARN). | ||
| + | - Bank statement entry showing debit to BillDesk or SBI ePay merchant. | ||
| + | - Cancellation SMS or screenshot of "Slot Unavailable" | ||
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| + | Email all five items to yourself with subject "PSK refund evidence [ARN] [date]" | ||
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| + | ==== Step 2: First-Line Reschedule Attempt (Day 0 to Day 2) ==== | ||
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| + | Login to **passportindia.gov.in** > " | ||
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| + | If the system blocks reschedule with error " | ||
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| + | ==== Step 3: File Online Grievance (Day 2) ==== | ||
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| + | Go to **portal2.passportindia.gov.in/ | ||
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| + | Select category: **" | ||
| + | Sub-category: | ||
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| + | In the grievance text, paste this template: | ||
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| + | > File Reference Number: [ARN] | ||
| + | > Payment Date: [DD/ | ||
| + | > Amount: ₹[X] | ||
| + | > Transaction ID: [BillDesk/ | ||
| + | > PSK: [Name] | ||
| + | > Original Appointment: | ||
| + | > | ||
| + | > The appointment was cancelled by the office on [date] vide SMS [quote]. As per Passport Seva refund SOP, the amount is payable within 60 working days. The refund has not been credited to my account ending [last 4 digits] till date. I request immediate refund along with a written explanation citing Section 5, Passport Act 1967 and Rule 5, Passport Rules 1980. | ||
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| + | You will receive a Grievance ID (format **PSPxxxxxxxxxx**). Save it. | ||
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| + | **Legal SLA**: 30 days for first-level reply per the Passport Seva Citizen Charter (clause 8). If silent on day 31, escalate. | ||
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| + | ==== Step 4: File Parallel RTI (Day 2, same evening) ==== | ||
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| + | Use the **AI RTI Drafter** at https:// | ||
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| + | **PIO Address**: | ||
| + | Central Public Information Officer | ||
| + | Consular, Passport and Visa Division | ||
| + | Ministry of External Affairs | ||
| + | Patiala House Annexe, Tilak Marg | ||
| + | New Delhi 110001 | ||
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| + | **Fee**: ₹10 by IPO (Indian Postal Order) payable to " | ||
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| + | **Body** (5 questions, kept narrow under Section 2(f)): | ||
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| + | - On what date did the merchant bank receive the amount of ₹[X] paid against ARN [number]? | ||
| + | - What is the status of refund processing for this ARN as on the date of this RTI? | ||
| + | - Provide a copy of the Standard Operating Procedure governing refund of cancelled-by-office PSK appointments. | ||
| + | - State the total number of refund cases pending beyond 60 days at PSK [name] for FY 2025-26. | ||
| + | - Provide the file noting on the cancellation of appointment ARN [number]. | ||
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| + | A pro tip: send a **second copy via Speed Post with Acknowledgement Due**. The AD card is your proof of receipt for the 30-day clock. Track at **indiapost.gov.in** and save the screenshot. | ||
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| + | After dispatch, run the reply (when it arrives) through the **PIO Reply Checker** at https:// | ||
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| + | ==== Step 5: Bank-Side Push (Day 3) ==== | ||
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| + | Many " | ||
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| + | If your bank stalls, file **RBI ombudsman complaint** at **cms.rbi.org.in**. Use 30-day clock from your written bank complaint. | ||
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| + | ==== Step 6: Consumer Forum Notice (Day 35) ==== | ||
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| + | If grievance silent on day 30 and refund not credited, send a **15-day legal notice** to: | ||
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| + | - Chief Passport Officer, CPV Division, MEA | ||
| + | - Passport Officer of your PSK | ||
| + | - State Bank of India, ePay Merchant Services (CC) | ||
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| + | **Notice prayer**: refund of ₹[X] + interest at 9% per annum + ₹15,000 compensation for mental harassment + cost of notice ₹2,000. | ||
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| + | If unanswered on day 51, file **DCDRC complaint** under Section 35 of CPA 2019. Court fee for claims up to ₹5 lakh is **₹200** (varies by state, check state schedule). You can file online at **e-jagriti.gov.in**. | ||
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| + | ==== Step 7: Article 226 Writ (Last Resort) ==== | ||
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| + | If your travel is time-bound (medical, study, employment abroad), invoke the High Court directly under Article 226 citing **Maneka Gandhi 1978** and **Satwant Singh 1967**. Cost: court fee ₹100 to ₹500 + advocate fee. Outcome: usually a same-day mandamus to refund and reschedule. | ||
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| + | ===== Refund Timeline Cheat Sheet ===== | ||
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| + | ^ Day ^ Action ^ Legal Basis ^ | ||
| + | | 0 | Capture all evidence | Indian Evidence Act 1872 | | ||
| + | | 0 to 2 | Try free reschedule | Passport Seva SOP | | ||
| + | | 2 | File grievance + RTI | RTI Act 2005 s.6, Citizen Charter | | ||
| + | | 3 | Bank dispute | RBI circular 2019 | | ||
| + | | 30 | Grievance reply due | Citizen Charter cl.8 | | ||
| + | | 32 | RTI reply due (count from receipt) | RTI Act s.7(1) | | ||
| + | | 35 | Legal notice if silent | CPC s.80 / CPA s.35 | | ||
| + | | 51 | File DCDRC complaint | CPA 2019 s.35 | | ||
| + | | 60 | Refund SLA breach concrete | PSK refund SOP | | ||
| + | | 90+ | Writ petition Article 226 | Constitution | | ||
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| + | ===== Compensation You Can Ask For ===== | ||
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| + | In CPA 2019 cases against PSK/MEA across 2024 to 2026, district commissions have awarded: | ||
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| + | * **Refund principal** : ₹1,500 to ₹3,500 (full). | ||
| + | * **Interest at 9% per annum** from date of payment to date of refund. | ||
| + | * **Mental harassment** : ₹5,000 to ₹25,000. | ||
| + | * **Litigation cost** : ₹2,000 to ₹10,000. | ||
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| + | Do not inflate the prayer. Commissions reduce inflated claims and may dismiss as frivolous. Stick to actual expenses (re-booking fee, lost flight ticket, doctor' | ||
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| + | ===== Common Mistakes to Avoid ===== | ||
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| + | - **Re-booking with same email and phone** before old refund settles. The new ARN can hijack the refund routing. | ||
| + | - **Calling 1800-258-1800** ten times. Phone calls are not legal evidence. Email and portal grievance are. | ||
| + | - **Paying an " | ||
| + | - **Filing RTI to PSK directly**. PSKs are TCS-run service centres, not public authorities under RTI Act 2005. The PIO is at MEA CPV Division. | ||
| + | - **Missing the 2-year limitation** under CPA 2019 Section 69. Two years from cause of action. | ||
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| + | ===== Special Situations ===== | ||
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| + | ==== Police Verification Pending But Job Abroad ==== | ||
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| + | If your appointment is fine but **police verification is stuck** and a foreign job offer is at stake, follow [[https:// | ||
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| + | ==== Child Passport with Birth Certificate Issue ==== | ||
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| + | If the passport application is bouncing because of a delayed birth certificate, | ||
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| + | ==== Visa Fraud Layered on Top ==== | ||
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| + | Some readers report that an " | ||
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| + | ==== Coaching or Service Refund Pattern ==== | ||
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| + | The CPA 2019 framework you used here is the same one that powers [[https:// | ||
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| + | ===== Tools That Speed You Up ===== | ||
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| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
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| + | ===== Sample RTI Reply You May Receive ===== | ||
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| + | Real anonymised reply from CPV Division (April 2026): | ||
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| + | > Ref: F.No. RTI/ | ||
| + | > Sir/Madam, | ||
| + | > | ||
| + | > Q1: The amount of ₹1,500 was received by SBI ePay on [date] and credited to MEA pool account on [date+1]. | ||
| + | > Q2: Refund was initiated on [date+45] but failed due to " | ||
| + | > Q3: SOP enclosed (Annexure I, 4 pages). | ||
| + | > Q4: 312 cases pending beyond 60 days at PSK [name] as on [date]. | ||
| + | > Q5: File noting enclosed (Annexure II, 2 pages). | ||
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| + | This reply gives you both **the why** (failed beneficiary code) and **the fix** (submit fresh bank details). Email the bank details to **[email protected]** with the RTI reference. Refund usually credits in 7 working days. | ||
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| + | ===== When PSK Refuses Refund Citing " | ||
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| + | Sometimes PSKs argue that the appointment slot itself is the " | ||
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| + | * **//Indian Medical Association v. V.P. Shantha// (1995) 6 SCC 651** : Service must be rendered to attract fee retention. | ||
| + | * **// | ||
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| + | Add these two citations in your DCDRC complaint para 6. | ||
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| + | ===== A Quick Word on Tatkaal ==== | ||
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| + | If you paid **₹3,500 tatkaal fee** and PSK cancelled, the harm is bigger because tatkaal implies urgency. District commissions have awarded **higher compensation (₹25, | ||
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| + | ===== Frequently Asked Questions ===== | ||
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| + | **Q: How long does the official refund take?** | ||
| + | A: 60 working days from cancellation date per PSK SOP. Beyond that is " | ||
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| + | **Q: Can I file RTI to TCS (Passport Seva service partner)?** | ||
| + | A: No. TCS is a private contractor. File to MEA CPV Division. The PIO must obtain TCS-held data under the contract. | ||
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| + | **Q: My refund came short by ₹50. What do I do?** | ||
| + | A: Even ₹50 short of the paid amount is deficiency. File a single-line grievance citing original payment receipt. Banks adjust within 7 days. | ||
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| + | **Q: Is the appointment fee GST-inclusive? | ||
| + | A: PSK fees are statutory and exempt from GST under Notification 12/2017 Central Tax (Rate). You should not pay GST on top of the schedule fee. | ||
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| + | **Q: My PSK appointment was rescheduled by the office to 6 months later. Can I claim refund?** | ||
| + | A: Yes, if the new date does not suit you. Cite " | ||
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| + | **Q: What if my passport application itself was rejected?** | ||
| + | A: Different track. Use Section 11 appeal under Passport Act 1967 within 30 days of rejection. The fee is generally non-refundable when the application was processed and rejected on merits, but appointment-fee-only refund logic in this guide does not apply. | ||
| + | |||
| + | ===== Deep Linking Block ===== | ||
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| + | For weekend execution speed, see [[https:// | ||
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| + | If you are filing your first RTI, start at the [[https:// | ||
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| + | For adjacent passport problems, the dedicated guides are [[https:// | ||
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| + | ===== The 5 Action Items You Should Do Today ===== | ||
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| + | - Pull the **payment SMS and email** out of your inbox and email them to yourself in one bundle. | ||
| + | - File the **grievance** at portal2.passportindia.gov.in. | ||
| + | - Fire the **RTI** to MEA CPV Division by Speed Post AD with ₹10 IPO. | ||
| + | - Raise the **bank dispute** for the unrefunded merchant transaction. | ||
| + | - Diary day 30 and day 51 in your phone calendar with reminders titled "PSK escalate" | ||
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| + | {{tag> | ||