By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to get the Aadhaar Card and to get the cost and compensation due to the non supply of Aadhaar Card.
2. Brief of the complaint:- The wife and daughter of the complainant enrolled before the 1st opposite party and 2nd opposite party 5 times to get the Aadhaar Card but till date the Aadhaar Card has not supplied by the opposite parties. The complainant made so many enquiry before the opposite party No.1 and 2 but they have not given any specific reply. At last the opposite party No.1 and 2 given the phone number of opposite party No.3 but the opposite party No.3 has not responded to the enquiry. The complainant further stated that due to the non availability of Aadhaar Card the daughter of the complainant could not apply for the scholarship and there by lost Rs.5,000/- and for getting the Aadhaar card the complainant spend somany days after leaving his job and thereby caused much difficulty and hardships and loss of money of Rs.3,000/- and also spend Rs.400/- as fees and charges of photocopies etc. Hence prayed before the Forum to direct the opposite party to provide the Aadhaar Card for his wife and daughter and to pay the cost and compensation.
3. Notices were served to opposite parties and opposite party No.1 not appeared before the Forum and not filed version. Hence he is called ex-parte on 04.02.2015 and opposite party No.3 called ex-parte on 21.07.2015. Opposite party No.2 filed version and stated that the complaint filed by the complainant is not maintainable either in law, facts and circumstances and non jointer of necessary parties to this case and is liable to be dismissed in limine. 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 enrollment 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 enrollment doesn't carry any cost or fee. This opposite party 2 is only an agent for enrollment of Aadhaar. All the regulations and rules regarding the enrollment of Aadhaar is under UIDAI Bangalore. This opposite party 2 is working as an entrepreneur for enrollment of Aadhaar Card and it is done free of cost. The liability regarding the generation of Aadhaar Card comes under UIDAI Bangalore Akshaya 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. The Aadhaar is an unique identification Number and it can he generated only once. The complainant enrolled it more than twice. No cause of action has arisen against this Opposite party as alleged in the complainant; and that this opposite party 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 demand/ calculation made in the complainant is baseless, untrue and incorrect and the same are not admitted by this Opposite Party. The complainant is required to prove with sufficient evidence and documents submitted by him. It is denied that complainant had undergone mental agony and economic loss as alleged in the complaints. The complainant is put to strict proof of the same. The complainant has no right to claim any of the reliefs 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 rejects compensation amount of i.e. Rs.5,000/- Rs.3,000/- and Rs.400/- as claimed by the complainant under various heads in the complaint. This Opposite Party craves leave to add or amend the reply/version and file necessary documents before the final hearing of the complaint if necessitated. Hence it is humbly prayed that, this Honorable Forum may therefore be pleased to dismiss the complaint with compensatory cost to this Opposite Party.
4. Complainant filed proof affidavit of complainant and stated as stated in the complaint and further stated that after this complaint, the wife of the complainant received Aadhaar card and the complainant is examined as PW1 and Ext.A1 series and A2 series documents are marked. Ext.A1(1) is the result of the status enquiry, which is reported that it is under generation. Ext.A1(2) is the enrollment receipt issued by opposite party No.1 dated 23.12.2012, it shows the enrollment. Ext.A1(3) is the Enrollment receipt issued by opposite party No.2 dated 28.11.2012 it also shows the 2nd enrollment. Ext.A1(4) is also enrollment resident copy dated 16.11.2011, it also shows the 3rd enrollment. Ext.A2(1) is the result of status enquiry for Irfana. Ext.A2(2) is also the result of status enquiry for Irfana. Ext.A2(3) is the resident copy of enrollment dated 23.12.2012, wherein it also shows the receipt of Rs.55/-. Ext.A2(4) is also the resident copy of enrollment dated 28.11.2012, wherein it is stated as “rejected”. Ext.A2(5) is also the resident copy of enrollment dated 16.11.2011. Opposite party No.2 also filed proof affidavit and stated as stated in the version.
5. On perusal of complaint, version and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service and unfair trade practice from the
side of opposite parties?
2. Relief and cost.
6. 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.
7. 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". "if Aadhaar 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 aadhaar the opposite party No.1 will get Rs.35/- and it is 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.
8. In the circumstances, without getting an Aadhaar card from the concerned authority ie 1st , 2nd and 3rd 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.
9. On the contention made by 2nd Opposite Party that the Complainant not paying any cost or fee for getting the Aadhaar will not lie, the opposite party No.2 already collected Rs.55/- as fees. 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 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 proper 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 card 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.
10. 2nd 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 3rd 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 3rd Opposite Party. This shows that the first part is to be done by the 1st and 2nd Opposite party and the second part is to be done by 3rd 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.
11. 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.
12. 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 scholarship also.
13. 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.
14. 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, 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.
15. Point No.2:- The point No.1 is found against the Opposite party No.1 &3. The Opposite Party No.1 & 3 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 party No.1 and 3 are jointly and severally directed to supply the Aadhaar card to the complainant's daughter and wife if it is not supplied till this date within one month and also directed to pay Rs.3,000/- (Rupees Three Thousand) as compensation and Rs.2,000/- (Rupees Two 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 17th day of August 2015.
Date of Filing: 31.10.2014.
PRESIDENT :Sd/-
MEMBER :Sd/- MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Ibrahim. Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1(1). Result of Status Enquiry.
A1(2). Enrollment Receipt. Dt:23.12.2012.
A1(3). Enrollment Receipt. Dt:28.11.2012.
A1(4). Enrollment Receipt. Dt:16.11.2011.
A2(1). Result of Status Enquiry.
A2(2). Result of Status Enquiry.
A2(3). Resident Copy. Dt:23.12.2012.
A2(4). Resident Copy. Dt:28.11.2012.
A2(5). Resident Copy. Dt:16.11.2011.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
