By. Sri. Jose. V. Thannikode, President:-

The complaint is filed against the opposite parties to get Aadhaar Card and to get cost and compensation due to the non supply of Aadhaar card to the complainant.

2. Brief of the complaint:- As per the Government order and as per the propaganda through printed medias as well as television this complainant approached the Akshaya Centre Mananthavady on 14.11.2011 and enrolled himself as No. 2003/20014/08721 dated 14.11.2011 at 19.41.05 hours for obtaining Aadhaar card. As the Aadhaar card was not obtained thereon the complainant again registered himself on 07.02.2012 at 09.16.2013 hours as 2007/60228/29429 for Aadhaar card and again as per advise of opposite party No.3 registered on 09.02.2013 as 2003/41023/05214 and again on 22.10.2013 as 2003/41039/02815 and paid Rs.30/- to opposite party No.3. As Wayanad District is declared as a district wherein the people could get government subsidies and benefits of the government only if they possess Aadhaar card and linked with concerned departments and banks. Therefore the complainant approached the Akshaya centre for obtaining Aadhar card regularly. As the Akshaya centre which is under the control of opposite party No.1, they failed to render the service properly hence the complainant is not getting his gas subsidy. Till Today the Aadhar card is not obtained. Opposite parties have failed to give the service as propagated by them. They are liable to compensate the loss sustained by the complainant and to issue Aadhaar card without further delay. In this regard the complainant has sustained a loss of Rs.5,000/- being subsidy of gas cylinders. The complainant who is a APL card holder and he is unable to apply for the benefits from the Government, since he is not having the Aadhaar card. The complainant estimates his loss at Rs.7,000/-towards the loss of benefits on various heads. The complainant had gone to the Akshaya centre for somany times and loss of income for these days also more. The opposite parties are jointly and severally liable to compensate the Complainant. They may be ordered to pay Rs.75,000/- as cost and compensation. They may be also directed to issue Aadhaar card within a month and they may also be directed to pay Rs.5,000/- as the cost of this complainant. Hence it is humbly prayed that this Honorable Forum may be pleased to receive this complaint on file and after enquiry award compensation and cost as claimed and issue direction to the opposite parties to issue Aadhaar card within a month.

3. Notice were served to opposite parties and opposite party No.1 and 3 filed version is as follows:- The above said case does not come under the definition of consumer as defined chapter 2 close D of the consumer protection act 1986, since Aadhaar enrollment is free of cost and voluntary and the complainant has not availed any service for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment. Aadhaar is a 12 digit unique identification number issued by the UIDAI of India and enrollment or applying for Aadhaar is free of cost and voluntary. This opposite party is co-ordinating and facilitating various Akshaya centers in Wayanad district only for the purpose of selection of entrepreneur, providing support to them for doing various e-governance activities of the government. The akshaya centre are not the branch office of Akshaya district project office. The centers are owned, managed and run by individual entrepreneurs. Through the Akshaya centers the public can apply for various services like ration card, certificate from village, e-grantz, scholarship for students etc. The only facility Akshaya centers providing is for applying for the services and when concerned department/organization issues the certificate in online, from online we take a printout and gave it to the applicant ie; just like a person sitting in front of various government office to write application on behalf of the public to be submitted to the various office. Akshaya centers provides facilities to apply for various services only. All these certificates and services are provided and granted by the concerned department and Akshaya has no role to play in issuing or granting certificates/services. The Akshaya District Office doesn't have any roll in issuing certificates. In fact the publics availing the help of Akshaya centers for applying for various services and not from the Akshaya district project office. Like many other services, Aadhaar enrollment is also a service provided by Akshaya centers, where Aadhaar is generated by UIDAI. Akshaya is a enrollment agency for UIDAI in Aadhaar enrollment like Keltron. The roles and responsibilities of Akshaya for Aadhaar enrollment is narrated in the guidelines of UIDAI. Which also containing the work order. It can be very well found that akshaya's role is only in enrolling the residents and sending the data to UIDAI ie providing facility for applying for Aadhaar. The Aadhaar generation is done by UIDAI and Aadhaar is issued to the public by UIDAI. The sole authority for generating Aadhaar to a resident is UIDAI. Hence, no fault can be found against Akshaya district office and Akshaya Center in not getting Aadhaar number to the complainant.

4. In the case of the complainant, he may have enrolled from any one of the Akshaya centers and not from the district office. In the complaint the complainant has stated that, he has enrolled for National Population Registrar (NPR) on 07/12/2012. It has been done by Swathi computers and has no connection with Akshaya district project office or Akshaya Centers. After enrolling a resident the Akshaya center which has enrolled the resident should give him an enrollment receipt bearing the address of UIDAI. In the enrollment receipt the following things are clearly stated.

a. You can get only one aadhaar number, please do not enroll again unless asked to

b. For enquiry please contact 'help@uidai.gov.in, http//www.uidai.gov.in and the toll free number 1800 180 1947. Hence, the complainant can approach the UIDAI in the

above phone number and website for aadhaar related enquiries.

5. The complainant has availed the service of Akshaya centers only for filing an application for aadhaar number, no fees has collected from him for the service. Aadhaar related enquiries have to be addressed to the UIDAI as aadhaar is generated and issued by them. Finding fault with an organization which has only filled up an application on behalf of the complainant is unjust, unfair, and unlawful. The complainant further stated that he has approached the Akshaya Centers for aadhaar related enquiries and also in the chief ministers 'Jana Sambarka Paripadi'. It can be found that, even though he has been informed through the enrollment receipt to contact UIDAI on aadhaar related enquiries; instead of doing that he has approached Akshaya centers and is now claiming compensation from Akshaya district project office which has no role to play in aadhaar generation and issue.

6. When a resident/citizen approaches Akshaya centers or Akshaya district project office for aadhaar related enquiries, Akshaya provides them a helping hand by checking the aadhar status in the UIDAI website mentioned in the enrollment receipt, it is done as a social service and no fees was collected by Akshaya for checking the status. It can be seen that the complainant never approached UIDAI for not getting aadhaar number and instead is claiming compensation from Akshaya which has only helped him for applying for aadhaar and checking the status by free of cost. Demanding this claim for compensation from Akshaya is totally incorrect, unjust and unfair. No cause of action has arisen against this opposite party as alleged in the complaint and this opposite party is not liable or responsible for any loss or damages as alleged in the complaint and the complaint is liable to be dismissed for the reasons stated above. The demand that Akshaya has to compensate the loss of LPG subsidy and other subsidies is incorrect and baseless. Akshaya has no authority to grant or deny subsidy. The subsidy is given by government of India, oil companies and the other concerned departments. The complainant should have approached the appropriate authority for obtaining of subsidies and his grievances has to be address to them. Akshaya has no role to play granting or denying subsidies. The demand for compensation from Akshaya is totally incorrect, unjust and against the law. The demand/calculation for compensation made in the complaint is baseless untrue and incorrect and the same are not admitted by the opposite party. The complainant has no role to play any of the relief as stated in the complaint and is not entitled for the same. The complainant is put to strict proof of the same. This opposite party specifically reject compensation amount of Rs.75,000 and Rs.5,000/- and Rs.3,000 as alleged in the complaint claimed by the complainant. Hence prayed to dismiss the complaint.

7. Opposite party No.2 filed version and stated that Aadhaar is a 12 digit individual Identification Number issued by the Unique Identification Authority of India and enrollment for obtaining Aadhaar is free of cost UIDAI is not making Aadhaar mandatory and the allegation of receipt of Rs.30/- is misleading and erroneous. The said case doesn't cause under the definition of consumer within the scope of Consumer Protection Act 1986, since the enrollment doesn't carry any cost or fee and further stated that the each individual needs to enroll only once which is free of cost. The complainant in this case has under gone multiple enrollment when his first enrollment was in processing stage which may sometimes cause process delay. And also informed that Aadhaar has been generated for complainant against the E. No.2003/41039/02915, 22.10.2013. The complainant must be already in receipt of the same and further contented that the complainant not produced any evidence for his loss subsidies.

8. The complainant filed proof affidavit and stated as stated in the complaint and further stated that while the case is in progress from the Forum the complainant received a photocopy of Aadhaar which is produced by opposite party No.2 before the Forum and stated that the original of which is not received till this time. Ext.A1 to A4 documents were marked. Ex.A1 is the acknowledgment/resident copy dated 14.11.2011, which shows that "this receipt is generated only after feeding all the datas in to the system and after giving confirm by the enrolling agency. It also shows that all the requested datas were supplied by the complainant and the opposite party No.3 also satisfies with the documents. So the further process is to be carried out". Ext.A2 is the acknowledgment/resident copy dated 07.12.2012, which shows that the opposite party No.3 again allowed the complainant to enroll. which also shows the opposite parties allowed the complainant to enroll again. Ext.A3 is the copy of the enrollment dated 09.02.2013. Ext.A4 Receipt shows that opposite party No.3 allowed him to enroll further on 22.10.2013. The opposite party No.2 also filed proof affidavit and stated as stated in their version. Opposite party No.1 and 3 not adduced any oral evidence.

9. 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 and unfair trade practice on the part

of the Opposite Parties?

2. Relief and cost.

10. Point No.1: - The Government of India introduced an Aadhaar card scheme for all the citizens of India and government has spend crores of rupees for implementing the scheme Aadhaar is made mandatory for getting somany 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.

11. It is true that the Government of India made it is mandatory for getting government subsidy for, domestic gas cylinder for which everybody should link Aadhaar with gas distributor and with a nationalized 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. In the guidelines of UIDAI it is stated that "the enrolling agencies are entitled to get payment for only those enrollments in which KYR and KYR + data captured without any mistakes and UID is allowed to the resident" and OPW1 deposed before the Forum that "if Aadhar is generated for a person the government will pay a fixed fees to the opposite party No.1 and further stated that for generating one aadhar the opposite party No.1 will get Rs.35/- and he further stated that if one person enrolled a receipt and number will be given to the enrollee, that means the enrollee is enrolled and further stated that only after capturing the data's the receipts will be issued and on a question by the complainant's counsel that whether any communication is given to the complainant that the captured data's are insufficient? Answer No & OPW1 further deposed that "The Aadhar card is for establishing the identity of a person and also for getting benefits and services.

12. In the circumstances, without getting an Aadhaar card from the concerned authority ie 1^st , 2^nd and 3^rd Opposite parties, the complainant may cause so many difficulties day by day and may lose so many benefits from governmental or non governmental agencies, since they have no any other option to get the Aadhaar card.

13. On the contention made by 1^st 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 Aadhaar card for all the citizens of India and it is specifically stated in the Guidelines of UIDAI Clause 2(8) that the enrolling agencies are entitled to get payment for only those enrollments in which KYR and KYR + data captured without any mistakes and UID is allowed to the resident. Clause 2(8) further stated that the enrollment agencies are not entitled to get enrollment charges for the enrollment in which bio metric and demographic data are captured below the UIDAI prescribed standards and hence the AADHAAR application is rejected and it is the duty of 1^st and 2^nd 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 Complainant, the 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 are 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" and "your Aadhaar number is under generation". Please check back after few days. These are gross deficiency of service and unfair trade practice from the side of opposite parties.

14. 1^st 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 2^nd Opposite Party. This shows that the first part is to be done by the 1^st Opposite party and the second part is to be done by 2^nd Opposite Party. More over on analyzing the guidelines of enrolling agencies clearly mentioned the duties and responsibilities of opposite parties No.1 to 3 from the date of enrollment to the date of supply the aadhaar card to the enrolle.
 

15. Cause of action also arised at Mananthavady 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 their version and not denied the exhibits which is produced by the Complainants.

16. The reasonable expenses and losses may occur for a person coming all the way for getting enrollment on various centers and somany occasion and enquiry. More over there is a loss of gas subsidy also, it is proved with the exhibits.

17. The persons who made so many efforts and have eagerness for getting Aadhaar for somany months it may cause mental agony and economic loss. 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 Aadhaar card, which cannot be obtained by any other source, he has every right to get Aadhaar and the non availability of an Aadhaar after getting enrolled it may cause the Complainant loss and damages and hence the Complainant has the right to claim for such damages and reliefs.

18. As discussed above, after getting enrolled for so many times on the advise of the opposite parties by the Complainant and non supply of the Aadhaar card to the Complainant is a gross deficiency of service and unfair trade practice from the side of Opposite parties. Since all the opposite parties are jointly and severally responsible for processing & supplying the aadhaar. Hence they are jointly and severally liable to supply the Aadhaar. Hence the Forum found out that the opposite parties No.1 and 3 are jointly and severally liable to supply the aadhaar and also liable to pay cost and compensation and the Complainant is entitled for getting the Aadhaar card and the cost and losses sustained to him. The point No.1 is found accordingly.

19. Point No.2:- The point No.1 is found against the Opposite parties, the Opposite Parties are liable to supply the Aadhaar card if it is not supplied till date and to give the lost subsidy and cost and compensation and Complainant is entitled for the same. The point No.2 is found accordingly.

In the result, the complaint is partly allowed and the opposite parties are jointly and severally directed to supply the Aadhaar card to the complainant if it is not supplied till this date within one month and also directed to pay Rs.5,000/- (Rupees Five Thousand) as compensation and Rs.3,000/- (Rupees Three Thousand) as cost of the proceedings to the complainant within 30 days from the date of receipt of this Order. Thereafter the complainant is entitled for 20% interest for whole the amount.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 29^th day of May 2015.

Date of Filing: 21.10.2014. PRESIDENT :Sd/-

MEMBER :Sd/- MEMBER :Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:-

PW1. Muralidharan. Complainant.

Witness for the Opposite Parties:-

OPW1. Nayas. K. P. Section Officer, UID Banglore.

Exhibits for the complainant:

A1. Copy of Acknowledgment/Resident Copy. Dt:14.11.2011.

A2. Copy of Acknowledgment/Resident Copy. Dt:07.12.2012.

A3. Copy of Acknowledgment/Resident Copy. Dt:09.02.2013.

A4. Receipt. Dt:22.10.2013.

Exhibits for the opposite parties:-

Nil.

Sd/-

PRESIDENT, CDRF, WAYANAD.

a/-