State Consumer Disputes Redressal Commission
Vijay Sahu vs Unique Identification Authority Of ... on 2 June, 2023
Daily Order M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BHOPAL PLOT NO.76, ARERA HILLS, BHOPAL FIRST APPEAL NO. 170 OF 2021 (Arising out of order dated 25.03.2021 passed in C.C.No.77/2019 by District Commission, Bhopal-2) VIJAY SAHU. ... APPELLANT Versus CHAIRMAN, UNIQUE IDENTIFICATION AUTHORITY OF INDIA, (GOVT. OF INDIA) BANGLA SAHIB ROAD, BEHIND KALI MANDIR, GOL MARKET, NEW DELHI-110 001. ... RESPONDENT. BEFORE: HON'BLE SHRI A. K. TIWARI : PRESIDING MEMBER
HON'BLE DR. SRIKANT PANDEY : MEMBER O R D E R 02.06.2023
Shri Ravishankar Gupta, authorised representative appears on behalf of the appellant.
Shri Deepesh Shukla, learned counsel for the respondent. Shei Deepak Soni, Assistant Manager (Legal) of the respondent authority is also present.
As per A. K. Tiwari :
This appeal filed by the complainant/appellant is directed against the order dated 25.03.2021 passed by the District Consumer Disputes Redressal Commission, Bhopal-2 (For short 'District Commission') in C.C.No.77/2019 whereby the District Commission has allowed the complaint filed by the complainant/appellant.
2. Facts of the case in short as stated by the complainant are that the complainant had submitted an application in Aadhar Centre, Collecorate Bhopal for correction his minor daughter Manya Sahu's date of birth as 31.07.2010 instead of 12.05.2010 in her Aadhar Card No.517053460872 -2- and for that he had deposited Rs.50/-. It is alleged that despite repeated approaching the Aadhar Centre, the Aadhar Card was not updated. He therefore filed a complaint before the District Commission seeking direction to the opposite party to correct the date of birth as also to pay compensation and costs amounting to Rs.1,05,150/-.
3. The District Commission allowing the complaint directed the opposite party Unique Indentification Authority of India (UIDAI) to correct the date of birth of the complainant's daughter in her Aadhar Card.
4. Authorised representative appearing on behalf the complainant/appellant argued that though the District Commission directed the opposite party UIDAI to correct the date of birth of complainant's daughter which has been corrected but the District Commission has erred in not awarding the amount of compensation and costs.
5. On the other hand, learned counsel for the opposite UIDAI argued that prima facie the complaint was not maintainable before the District Commission in terms of Aadhaar (Targeted Delivery of Financial and Other Subsidies Benefits & Services) Act, 2016 even then the District Commission has entertained the complaint and allowed the same. The opposite party/respondent has also corrected the complainant's daughter's date of birth in her Aadhaar Card. The complainant is not entitled to get any relief. It is thus prayed that this appeal be dismissed.
-3-6. After hearing appellant and learned counsel for the respondent and on going through the record and the impugned order we find that the complainant himself has admitted in the present appeal that his grievance has already been redressed and the UIDAI has corrected the date of birth of his daughter in her Aadhaar Card.
7. As per amendment dated 23.07.2019 in Aadhaar (Targeted Delivery of Financial and Other Subsidies Benefits & Services) Act, 2016, published in Gazzette of India dated 24.07.2019 under Section 33 E and 33F it is specifically mentioned that no civil court or any other court have jurisdiction to entertain the complaint in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. This clearly shows that the aforesaid Act barred the jurisdiction of the Consumer Commissions constituted under the Consumer Protection Act, 1986.
8. Thus in our considered view, the complainant is not entitled to get any relief by this Commission. His grievance has already been redressed.
9. In the result, the appeal is dismissed. No order as to costs. However, the complainant/appellant shall be at liberty to take recourse to such other remedy as may be available to him in law.
(A. K. Tiwari) (Dr.Srikant Pandey) Presiding Member Member