By Sri. Chandran Alachery, Member:
This complaint filed against Opposite Parties to get Aadhaar card and to get cost and compensation due to the non supply of Aadhaar card to the Complainants.
2. Brief of the complaint:- The Complainants as per the Government order approached the 1st Opposite Party's Branch office at Sulthan Bathery and Meenangady and enrolled for getting Aadhaar card on 30.07.2011, 03.08.2012, 04.04.2013, 27.05.2013, continuously as per the advice of the 1st Opposite Party from time to time and till today the 1st and 2nd Opposite party have not supplied the Aadhaar Card for the Complainants.
3. Thereafter also the Complainants approached the 1st Opposite Party's office on several occasions to enquire and to get the Aadhaar card, on all occasions the Opposite Parties gave receipts to the Complainants stating that “your Adhar enrollment has failed, your Aadhaar enrollment has failed, your Aadhaar number is under generation, after searching the systems and records.
4. From 2013 October onwards in Wayanad District the customers of the Gas will get Government subsidy only on linking the Aadhaar number with the gas office and with the bank account number. Since the non supply of Aadhaar card by Opposite parties, the Complainants could not link the Aadhaar number with gas company and bank Account. Hence the Complainants lost subsidy for four gas cylinders from October 2013 to December 2013.
5. The Complainants further submitted that due to the non supply of Aadhaar card by the Opposite Parties the Complainant suffered grate financial loss and mental agony and sufferings on various heads, and the Complainants further says that the non supply of Aadhaar Card even after Three or Four times of enrollment, is a gross deficiency of service from the side of Opposite Parties and prayed before the Forum to direct the Opposite Parties to give the lost subsidy amount, the cost and compensation to the tune of Rs.86,392/- altogether on various heads.
6. Notice were served to Opposite parties on 21.01.2014 and 23.01.2014 respectively and the 1st Opposite Party filed version denying the allegation of the Complainant. 2nd Opposite Party not appeared and not field version and 2nd Opposite Party is set exparte on 03.03.2014.
7. 1st Opposite Party in his version, stated that the complaint filed by the complainants is not maintainable either in law, facts and circumstances, and Non joinder of necessary parties to this case and the case is liable to be dismissed in limine. And further stated that the complainant has suppressed, distorted and concealed vital and material facts germane to the issue. Aadhaar is a 12 digit individual identification Number issued by the Unique Identification Authority of India and enrolment for obtaining Aadhaar is free of cost and voluntary. The above said case doesn't come under the definition of consumer within the scope of Consumer Protection Act 1986, since the enrolment doesn't carry any cost or fee. This opposite party controlling and Co-ordinating various Akshaya centers in Wayanad District only for the purpose of collecting informations for the enrolling purpose of Aadhaar and for sending such information to the 2nd Opposite Party for verification, quality checking, duplicate checking and finally generating and issuing of Aadhaar Card Number and to the enrolled party through Indian postal service. All the works, process for generation including making of Aadhaar and issuance of Aadhaar card is soly done by unique identification of India ie 0P2. Akshya centers acts as facilitation agency for getting, obtaining various Government certificates such as Ration Card, 23 types of revenue certificate, Aadhaar, Election ID card etc, to the public. No cause of action has arisen against this Opposite party as alleged in the complaint and that this opposite paty is not liable or responsible for any loss or damages as alleged in the complaint and is liable to be dismissed for the reasons stated above. The amount calculation made in the complaint is baseless, untrue and incorrect and the same is not admitted by this Opposite Party. The complainants is required to prove with sufficient evidence and documents to substantiate that claim. It is denied that the complainants had undergone mental agony and economic loss as alleged in the complaint. The complainants is put to strict proof of the same. The complainants has no right to claim any of the reliefs as stated in the complaint and is not entitled for the same . The complainants is put to strict proof of the same . This Opposite Party specifically denies the compensation amount of Rs.61,392/- as claimed by the complainant. Hence it is prayed before the Forum to dismiss the complaint with compensatory cost to this Opposite party.
8. Complainants filed proof affidavit and stated as stated in the complaint and for both complainant the 1st Complainant is examined as PW1 and Exts.A1 to A12 is marked. Ext. A8, A9 and A10 marked with objection since photocopy. Ext. A1 is the Photo Copy of Acknowledgment/ resident copy Enrolment No2003/20012/00591 dated 30- 07- 2011. Ext.A2 is the Photo Copy of Acknowledgment /resident copy Enrolment No.2007/6033 8/01709 dated 03-08-2012. Ext.A3 is the Photo Copy of Acknowledgment /resident copy Enrolment No2003/4 1002/06309 dated 04-04-2013. Ext.A4 is the Photo Copy of Acknowledgment / resident copy Enrolment No2003/4 1006/00421 dated 27-05-2013.Ext.A5 is the Photo Copy of Acknowledgment /resident copy Enrolment No2003/20009/00094 dated 30-07-2011 Ext.A6 is the Photo Copy of Acknowledgment /resident copy Enrolment No2007/6033 8/01710 dated 03-08-2012. Ext.A7 is the Photo Copy of Acknowledgment / resident copy Enrolment No2003/4 1006/00422 dated 27-05-2013. Ext.8 is the Photo Copy of letter stating that yours Aadhaar enrolment has failed Bearing No EID (1234/12345/12345) and bearing No -7946. Ext.A9 is the Photo Copy of letter stating that yours Aadhaar enrolment has failed Bearing No BID (1234/12345/12345) and bearing No 9556. Ext.A10 is the Photo Copy of letter stating that "yours Aadhnar enrolment has failed" Bearing No BID (1234/12345/12345) bearing No 5753. Ext.A11 is the Photo Copy of First page of Gas consumer Card Bearing Cons. No 601614 dated 22-01- 1993. Ext.A12 is the Photo Copy of bill for HP Gas dated 14-07-2013 & 09-10-2013 & 18-12-13.
9. These documents shows that the first Complainant enrolled 4 times and 2nd Complainant enrolled in 3 times. And Exts.A8 to A10 shows that their enrolment has failed. Ext.A11 shows that he is the consumer of gas in consumer No.601614. Ext.A12 shows that the Complainants paid Rs.443/- for one cylinder which had taken in the month of July 2013 in which it is written as “subsidy consumed”. The Complainant paid Rs.1,057/- for one gas cylinder in the month of October 2013 and in which it is written as “Aadhaar not submitted at distributor”. Complainant paid Rs.1,074/- for one gas cylinder in the month of December 2013. Wherein also it is written as “Aadhaar not submitted at Distributor”. All this shows that after the new system the government subsidy is transferred to the consumer directly only after linking Aadhaar number with gas office and bank account number. The 1st Opposite Party not adduced any oral evidence.
10. On considering the complaint, version, affidavit and documents and deposition, forum raised the following points for consideration.
1. Whether there is any deficiency in service on the part of the Opposite Parties?
2. Relief and cost.
11. Point No.1:- The Government of India introduced an Aadhaar card scheme for all the citizens and government has spend crores of rupees for implimenting the scheme. Aadhaar is made mandatory for getting so many benefits from the government and it can be used as an identity card under different schemes of government and it is valid throughout the country and the Aadhaar will be helpful in availing governmental and non governmental service in future and Aadhaar is the right of a citizen.
12. It is true that the Government of India made it is mandatory for getting government subsidy for domestic gas cylinders to link Aadhaar with gas distributor and with nationalised bank account of the customer. If it is done properly, the subsidy will be transferred directly to the customers bank account from the government. It is learned that the Government of India entrusted the Opposite Parties to collect all the information from the citizens and to process and to supply Aadhaar card to every citizens of India after giving necessary fees to Opposite Parties.
13. In the circumstances, without getting an Aadhaar card from the concerned authority ie 1st and 2nd Opposite parties, the complainants may cause so many difficulties day by day and may loose so many benefits from governmental or non governmental agencies, since they have no any other option to get the Aadhaar card.
14. On a contention made by 1st Opposite Party that the Complainant not paying any cost or fee for getting the Aadhaar will not lie since the Government of India paying all the necessary fees to the concerned authority for issuance of Aadhar card of all the citizens of India and it is the duty of 1st and 2nd Opposite Party to collect the required data from the enrollee and if the required data is not supplied by the enrollee, the Opposite Parties can very well sent back the enrollee and to advice him to come with full data. Here in this case after enrolling the Complainants, datas of complainants successfully feeded by the Opposite Party 3 to 4 times. Thereafter on enquiry after waiting years, the result given by the Opposite Parties that “ your Aadhaar enrollment has failed”. “Your Aadhaar number could not be generated due to a data process error in your enrollment”. “Please re-enroll yourself at the nearest enrollment center” (Ext.A8 and Ext.A9) and “your Aadhaar number is under generation”. Please check back after few days (Ext.A10) ie on 19.12.2013, after 880 days of first enrollment. It is a gross deficiency of service from the side of Opposite parties.
15. 1st Opposite Party admitted in his version that he is the information collecting agent in the Wayanad district for Aadhaar enrolling purpose and his duty is to send such information to 2nd Opposite party for verification, quality checking, duplicate checking and finally generating and issuing of Aadhaar card and number to the enrolled party, through Indian Postal Service. And further stated that “ All the works, process for generation including making of Aadhaar card including the issuance of Aadhaar is solely done by Unique Identification Authority of India ie 2nd Opposite Party. This shows that the first part is to be done by the 1st Opposite party and the second part is to be done by 2nd Opposite Party. The non issuance of Aadhaar card is a gross deficiency of service and unfair trade practice, committed by both Opposite parties after receiving sufficient fees from the government.
16. Cause of action also arised at Sulthan Bathery and Meenangady where the Complainants enrolled for getting Aadhaar and the Opposite Parties branch offices functioning in various place of Wayanad district and these facts are admitted by the Opposite Party in his version and not denied the exhibits which is produced by the Complainants.
17. The reasonable expenses and losses may occur for two person coming all the way for getting enrollment on various occasion and enquiry. There is a loss of gas subsidy also, it is proved with the exhibits.
18. The persons who made so many efforts and eagerness for getting Aadhaar for two and half years may cause mental agony and economic loss.
19. Since the Aadhaar is the right of the citizen and it can be used as an identity card under different scheme of government and the Aadhaar will be helpful in availing governmental and non governmental services, the non availability of Aadhaar card, which cannot be obtained by any other source, may cause the Complainants loss and damages and hence the Complainants has the right to claim for such damages and reliefs.
20. As discussed above, after getting enrolled for so many times by the Complainants and non supply of the Aadhaar card to the Complainants is a gross deficiency and unfair trade practice from the side of Opposite parties and the Complainants are entitled for getting the Aadhaar card and the cost and losses sustained due to this. The point No.1 is found accordingly.
21. Point No.2:- The point No.1 is found against the Opposite parties, Opposite
Parties are liable to supply the Aadhaar card and to give the lost subsidy and cost and compensation and Complainants is entitled for the same. The point No.2 is found accordingly.
In the result, the complaint is partly allowed and Opposite Parties are directed to supply the Aadhaar card to both the Complainant and also directed to give Rs.2,392/- (Rupees Two thousand Three hundred and Ninety Two) only as lost subsidy and Rs.4,000/- (Rupees Four thousand) only for the expenses of enrollment and cost of this proceedings. and Rs.25,000/- (Rupees Twenty Five thousand) only as compensation to the complainants. The Opposite Parties are jointly and severally liable to comply the order within one month from the date of receipt of this order. There after the Complainants are entitled for an interest at the rate of 10% for whole the amount.
Dictated to the C.A transcribed by him and corrected by me and pronounced in the Open Forum on this the 29th day of August 2014.
Date of filing:02.01.2014
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
/True copy/
PRESIDENT, CDRF, WAYANAD.
A P P E N D I X
Witness for the Complainants:
PW1. M.V. Poulose. Complainant.
Witness for the Opposite Parties:
Nil.
Exhibits for the Complainants:
A1. Copy of Acknowledgment dt:30.07.2011.
A2. Copy of Acknowledgment dt:03.08.2012.
A3. Copy of Acknowledgment dt:04.04.2013.
A4. Copy of Acknowledgment dt:27.05.2013.
A5. Copy of Acknowledgment dt:30.07.2011.
A6. Copy of Acknowledgment dt:03.08.2012.
A7. Copy of Acknowledgment dt:27.05.2013.
A8. Photo Copy of letter stating that yours Aadhaar enrolment has failed.
A9. Photo Copy of letter stating that yours Aadhaar enrolment has failed.
A10. Photo Copy of letter stating that yours Aadhnar enrolment has failed.
A11. Photo Copy of First page of Gas consumer Card.
A12. Photo Copy of bills for HP Gas.
Exhibit for the Opposite Parties:
Nil.
