Chandigarh

DF-II

CC/739/2021

Karandeep Singh - Complainant(s)

Versus

The Registrar, Birth & Death. - Opp.Party(s)

In Person

24 Mar 2023

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	739 of 2021
Date  of  Institution	:	26.10.2021
Date   of   Decision	:	24.03.2023

 

 

 

 

 

Karandeep Singh, through legal guardian Jaswant Singh (Father), H.No.2525/B, Sector 47-C, Chandigarh (UT) PIN 160047.

 

            …..Complainant

Versus

1]  The Registrar, Birth & Death, Cantonment General Hospital, Delhi Cantonment, Delhi Cantt. 110 010

2]  The Chief Registrar of Birth and Deaths and Director of Economics & Statistics, through Dy. Director, National Capital Territory of Delhi – II Floor, B Wing, Vikas Bhawan-II, Upper Bela Road, near Metcalfe House, Delhi 110 054

    ….. Opposite Parties

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA                 MEMBER

 

                               

For Complainant : Sh.Jaswant Singh, Representative of complainant

For OP(s)       : Sh.Adi Partap Singh, Law Officer of OPs

             

PER B. M. SHARMA, MEMBER

        Briefly stated, the complainant Karandeep Singh, son of Jaswant Singh, was born on 12.10.1985 at Base Hospital, Delhi Cantt. during Army Service of Jaswant Singh and his birth entry was made in the Register of Birth at Entry No.440, dated 21.10.1985 with all details.  It is stated that the complainant’s father applied for birth certificate of complainant with OP No.1 on 28.1.2020 whereupon the OP No.1 issued Birth Certificate dated 28.1.2021 (ann.C-2) showing Male son born and did not mention other details. It is submitted that even after exchange of much correspondence with OP No.1, for issuing Birth Certificate with complete details having permanent address of the parents & Adhaar numbers etc., the OPs still issued defective Birth Certificate dated 15.7.2021 (Ann.C-3) mentioning only the name of complainant and parents. It is also submitted that the complainant vide letter dated 28.7.2021 requested the OPs to issue Ink Signed Birth Certificate and addition of remaining information i.e. Aadhar Card Number of the child, father, mother and permanent address of parents, as done by Sub Registrar (Birth and Death) MC Chandigarh in case of complainant’s sister Navneet Kaur. However, the OPs did not do so.  Hence, this complaint has been preferred alleging the said act & conduct of the OPs as deficiency in service.

 

        The OPs have filed reply and while admitting the factual matrix of the case, stated that birth of the complainant was reported to OP No.1 on 21.10.1985 and in the said birth reporting form neither the name of the complainant nor any address was mentioned (Ann.A). The complainant for the first time vide application dated 28.1.2020 applied for issuance of Birth Certificate in the name of complainant, whereupon Birth Certificate was promptly issued free of cost and in the said certificate even the name of the mother of complainant, as requested, was corrected as Surinder kaur. However, the name of complainant was not mentioned as per prohibition mentioned in Section 14 of The Registration of Births and Deaths Act, 1969 read with rule 10 of The Delhi Registration of Birth and Deaths Rules, 1999 against inclusion of name in the birth certificate beyond a period of 15 years.  However, after the Gazette notification dated 13.7.2021 for extension of existing period to additional 5 years for inserting of name in birth record when the birth is already registered, the OP No.1 on its own accord, issued a fresh birth certificate to complainant on 15.7.2021, free of cost, after inserting his name in it and it was mailed on 15.7.2021 to the email address furnished by father of complainant (Ann.I).  It is submitted that there is no provision in the Registration of Birth and Death Act, 1969 and the Delhi Registration of Birth and Deaths Rules, 1999 for inclusion of the details of Aadhar Card in the birth Certificate, instead on contrary, the Ministry of Home Affairs, Govt. of India, vide Circular No.01/12/2014-VS(CRS), dated 3.5.2017 had mandated that there will be no display of Aadhar/UID number in any form in the birth and death certificate (Ann.L). It is also submitted that as regard the allegation of complainant for non-inclusion of permanent address in birth certificate, it is mentioned that Ministry of Home Affairs, Govt. of India vide letter dated 17.12.2015 (Ann.M) clarified that Birth Certificate is not the proof of address nor there is any provision in the Registration of Births and Deaths Act, 1969 for adding permanent address in birth certificate.  It is pleaded that the copy of birth certificate dated 28.1.2020 and 15.7.2020 was ink signed by the Sub-Registrar and thereafter the copy was digitally scanned and sent to the address and email ID of complainant. Denying all other allegations, the OPs have prayed for dismissal of the complaint.

 

4]      Parties led evidence in support of their contentions.

 

5]      We have heard the representative of complainant and have gone through the documents on record including written submission of the parties.

 

6]      The perusal of the file reveals that the grouse claim of the complainant mainly is that the Birth Certificate issued to him by the OPs did not contains Aadhar Card Number of himself, his father and mother as well as permanent address of parents. It is also claimed that Ink Signed copy of the Birth Certificate has not been supplied to him by OPs.

7]      From the Circular No.01/12/2014-VS(CRS), dated 3.5.2017 with Subject – Non-display of Aadhaar/UID numbers in birth and death certificates, issued by Ministry of Home Affairs, Govt. of India (Annx.L), it is clear that it has been mandated by government not to display Aadhaar/UID number in birth and death certificates.  As regards the mentioning of address in the Birth Certificate of complainant is concerned, it is undisputed fact that Birth Certificate is not a  Proof of Address and this fact has also been clarified by Ministry of Home Affairs, Govt. of India vide Letter No.11/2/2015-VS (CRS)/256, dated 17.12.2015 (Ann.M). Thus mentioning of Aadhar Numbers and residential address in complainant’s Birth Certificate is held to be not maintainable.  

 

8]      The plea of the complainant for supply of Ink Signed copy of Birth Certificate appears to be justified.  Even the OPs in its reply has stated that Birth Certificate of complainant was ink-signed by the Sub Registrar and thereafter the copy was digitally scanned, which also shows that OPs are not denying to issue Ink-Signed copy of Birth Certificate to the complainant. 

 

9]      Taking into consideration the above facts & circumstance of the case, we deem it proper to dispose of the present complaint with direction to the Opposite Parties to issue Ink Signed/Originally Stamped & signed copy of Birth Certificate to the complainant, within 60 days from the date of receipt of certified copy of this order. The complaint stands disposed of accordingly in above terms. There is no order as to cost and compensation.

         Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

24^th March, 2023                                                                     Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

(B.M.SHARMA)

MEMBER