By Mahir Haneef
KOCHI: A consumer court in Wayanad has ordered Unique
Identification Authority of India (UIDAI) to pay compensation of Rs25,000 as
compensation to a couple who were not given Aadhaar card even after waiting for
over 800 days after enrolment.
Non-issuance of Aadhaar by UIDAI after receiving sufficient
fees from the government is a gross deficiency of service and unfair trade
practice, Consumer Disputes Redressal Forum of Wayanad said in the order to pay
compensation to Poulose and his wife Elsy Paul of Kalluvayal in Sulthan
Bathery.
The couple had enrolled for getting Aadhaar four times at
the Akshaya district project office at Kalpetta in Wayanad, with the first
enrolment being in July 2011. On following up with the Akshaya office, they
were told that their enrolment failed and later that Aadhaar number is under
generation.
Meanwhile, from October 2013 onwards, the system of distributing
subsidy for household LPG cylinders through bank accounts liked to Aadhaar
number came into being. Hence, the couple lost LPG subsidy from October to
December 2013. Alleging deficiency of service by Askhaya and UIDAI, they filed
a case before the consumer forum seeking Rs86,392 as compensation.
While Akshaya responded to the case, UIDAI did not represent
itself before the forum. Akshaya contended before the forum that the case
doesn’t come under the definition of consumer as per Consumer Protection Act,
1986 as Aadhaar enrolment doesn’t carry any cost or fee.
Moreover, they argued that its role is limited to collecting
information for Aadhaar enrolment and sending it to UIDAI for verification and
issuing of Aadhaar card number. All the works for generating of Aadhaar card,
including making and issuing of the card, is solely done by UIDAI, Akshaya
informed the forum.
The forum refused to agree with Akshaya’s contention that
the case doesn’t fall under Consumer Protection Act. Government of India is
paying all the necessary fees to the concerned authority for issuing Aadhaar
card to all citizens and it is the duty of Akshaya and UIDAI to collect the
required data, the order said.
In the present case, data of the enrollee was successfully fed
into the system by Akshaya 3 to 4 times and the results given after waiting for
years are that the enrolment failed, that the Aadhaar number could not be
generated due to a data process error in enrolment, and later that the number
is under generation. After 880 days of first enrolment, the enrollee was asked
to check back after a few days. It is a gross deficiency of service on the part
of Akshaya and UIDAI, the forum held.
Government has spent crores of rupees for implementing the
Aadhar card scheme for all citizens and it is made mandatory for getting so
many benefits from the government and can be used as an identity card under different
scheme of government. Aadhaar is the right of a citizen, the forum’s order
stated.
The forum ordered Akshaya and UIDAI to pay Rs2,392 as lost
subsidy, Rs4,000 for expenses of enrolment and cost of proceedings before the
forum, and Rs25,000 as compensation. If the amounts are not paid within a
month, interest at 10 per cent should also be paid, the forum directed.
Assistant solicitor general N Nagaresh told TOI that an
appeal would be filed against the Wayanad forum’s order before Kerala State
Consumer Disputes Redressal Commission at Thiruvananthapuram.