Ludhiana woman charged twice for biometric update: UIDAI, enrolment operator fined ₹20k

The district consumer dispute redressal commission has order directed Union government’s Unique Identification Authority of India (UIDAI), its chairperson/managing director and Naresh Kumar Chauhan, enrolment operator, Ludhiana, to pay composite compensation of ₹20,000 to the son of the complainant who was charged twice for biometric update on her Aadhar Card. The complainant had died in 2023, following which her son pursued the case.

In its orders, the forum said that the Consumer Protection Act provides and enlists consumer rights and the complainant has the right to be heard and to seek redressal. Therefore, non-resolution of complaints by the opposite parties infringes her consumer rights.

Kamlesh Sharma, 72, of Walia Colony in Haibowal Kalan had filed a complaint on December 10, 2020. She had visited the accused enrolment operator on June 23, 2020 for biometric update and deposited ₹100. The compliant alleged that Naresh only took face biometrics and missed the iris and fingerprint scans.

On raising an objection, Naresh said that all biometrics were captured and the complainant could download her Aadhar Card after a week, the woman alleged. The complainant said that after 15 days, she checked the status but the it showed a download error due to an incomplete biometric scan. The complainant visited Naresh again, who informed her that the update was not completed due to the missing scans and she would have to apply afresh.

The complainant stated that she refused to pay as it was the operator’s fault. The complainant added that finding no other option, she had to pay the charge again, following which she lodged the complaint.

In the complaint, she stated that double chare was a clear violation of consumer rights, amounting to deficiency in service and unfair trade practices. The complainant urged for directions to refund the double charge and sought a compensation of ₹1 lakh, along with litigation expenses.

Upon notice, UIDAI authorities filed a statement and said that the complainant was not a consumer under Section 2(d) of the Consumer Protection Act and that it does not provide any goods and services under the Consumer Protection Act. Rather, it is a statutory function of UIDAI to issue Aadhar number to residents of India. The non-generation of Aadhar is not a consumer dispute, it added.

naresh filed a separate written statement and stated that he discharged his duty assigned to him by the Union government and he was working on a software provided by the government and not in personal capacity.

The complainant passed away on February 5, 2023 and her son Anurag Prashar pursued the case further.

The forum directed the UIDAI and enrolment operator to pay a composite compensation of ₹20,000 within 30 days from the date of receipt of copy of order, failing which they shall be liable to pay interest at the rate of 8% per annum from the date of order.