Mr. Anand Sharma, a resident of the city of Janakpur, recently found himself in a frustrating situation. He attempted to update the address on his National Identity Card through the official online portal of the National Identity Authority of India (NIAA). He duly paid the required service fee of Rs. 50 and uploaded a copy of his most recent utility bill, which was less than a month old, as proof of his new address. To his surprise, his request was rejected by the NIAA. When he enquired, he was informed that he would have to submit a new request and pay the fee again. There was no option provided to rectify the alleged error in his application or to get a refund for the service that was not rendered. Mr. Sharma felt this was an unfair practice, questioning how a government authority could accept payment for a service and then fail to deliver it, effectively forcing citizens to pay multiple times for a single update. He is now considering legal action against the NIAA for what he perceives as a deficiency in service.

Advice in such cases

Facing such a situation with a government authority can be daunting. However, you have specific rights and remedies available.

• Review the Rejection Reason: First, carefully check the reason provided for the rejection. It might be a simple technical error, like the document scan being unclear or not in the prescribed format. Understanding the exact reason is crucial for your next steps.
• Use the Grievance Redressal Mechanism: Most government portals, including the NIAA, have an in-built grievance redressal or complaint mechanism. File a formal complaint through their portal, detailing the issue, your application number, and payment details. This is often the quickest way to resolve the matter.
• File a Consumer Complaint: If the internal grievance mechanism fails, you can file a complaint with the Consumer Disputes Redressal Commission. The fee paid for the service makes you a ‘consumer’ and the NIAA a ‘service provider’. Failure to provide the service after accepting payment constitutes a ‘deficiency in service’ under the Consumer Protection Act, 2019.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

This issue primarily falls under civil and consumer law, not criminal law.

• The Consumer Protection Act, 2019: This is the most relevant law. You are a consumer who has paid for a service. The rejection of your application without a valid reason and the refusal to refund the fee can be classified as a “deficiency in service” and an “unfair trade practice.” You can seek a refund, compensation for harassment, and litigation costs.
• The Information Technology Act, 2000: Since the transaction was conducted online, provisions of this Act related to electronic records and transactions may be relevant, especially when presenting digital evidence.
• The National Identity Authority of India Act, 2016 (or the relevant governing act): The specific act that establishes the authority (like the NIAA) will contain provisions regarding its functions, duties, and mechanisms for addressing public grievances.

If you are the complainant

If you decide to take action, follow these steps methodically:

• Gather all Evidence: Compile all relevant documents, including the application form, the payment receipt or transaction ID, the document you submitted as proof, and the communication (SMS/email) confirming the rejection.
• File an Official Grievance: Use the NIAA’s official portal to file a detailed grievance. Note down the grievance number and follow up on its status.
• Send a Legal Notice: If the grievance is not resolved satisfactorily, the next step is to send a formal legal notice to the NIAA through a lawyer. This notice will outline your complaint and demand a resolution (e.g., process the application or issue a refund) within a specific timeframe.
• File a Case: If the legal notice is ignored, you can file a complaint in the appropriate District Consumer Disputes Redressal Commission.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As a victim of deficient service, your focus should be on systematic escalation.

• Document Everything: Keep a clear timeline of events, from the date of application and payment to the date of rejection and every communication thereafter.
• Explore Administrative Remedies First: Always exhaust the internal complaint and appeal mechanisms provided by the department before approaching a court or consumer forum. This shows that you have made a reasonable attempt to resolve the issue directly.
• Understand the Cost-Benefit: While the fee may be small, the principle is significant. Decide if you are willing to pursue the matter in a consumer court, which involves time and effort.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police have no role to play in such matters. This is a civil dispute concerning a deficiency in service, not a criminal offence. If you approach a police station, they will rightly advise you to file a complaint with the concerned government department or approach a consumer court. Police intervention would only be warranted if there were elements of a cognizable criminal offence like large-scale fraud or cheating under Section 318 of the Bharatiya Nyaya Sanhita (BNS), which is not the case in an individual instance of service rejection.

FAQs people normally have

• Can I sue a government body for such a small amount of Rs. 50?
  Yes. The amount of money is not the primary factor. The case is based on the principle of deficiency in service. Consumer courts regularly hear cases involving small amounts to uphold consumer rights.
• Is it worth the time and legal fees to pursue this?
  This is a personal decision. While you may spend more than you recover, pursuing the case can lead to a refund, compensation, and can compel the authority to improve its processes, benefiting many others.
• What is the very first step I should take?
  The first and most important step is to file a formal grievance on the NIAA’s official website or through their designated helpline. This is the simplest and often the most effective initial action.

What evidence is required?

To build a strong case, you will need the following evidence:

• A screenshot or copy of the filled online application form.
• Proof of payment, such as a bank statement, transaction confirmation email, or a digital receipt with a transaction ID.
• A clear copy of the document you submitted for the address update (e.g., the utility bill).
• The rejection communication received via email, SMS, or a screenshot of the status on the portal.
• Copies of any grievances filed with the NIAA and their responses, if any.
• A copy of the legal notice sent to the authority, along with the postal receipt.

How long will the investigation take?

This is not a police investigation. The timeline depends on the route you take:

• Departmental Grievance: The NIAA’s internal grievance cell may take anywhere from 15 to 45 days to respond or resolve the issue.
• Consumer Court: If you file a complaint with the Consumer Disputes Redressal Commission, the process can be lengthy. A final decision can take anywhere from a few months to over a year, depending on the complexity of the case and the caseload of the commission.

Advocate Sudhir Rao, Supreme Court of India