If you are stuck in such a situation, here is what to do.

Mr. Rajesh Sharma, a resident of the city of Aloknagar, found himself in a perplexing situation. His son, Aman, who had just turned 18, needed his mandatory Aadhaar biometric update. They visited an authorized enrollment center, “Digital Seva Solutions,” located in the Pratap Vihar area on March 15th. The operator completed the process, took a new photograph and fingerprints, and issued an acknowledgment slip which clearly showed Aman’s new picture.

However, weeks later, when they downloaded the e-Aadhaar, they were shocked to see that Aman’s old photograph from when he was 5 years old was still reflecting. This discrepancy created significant problems. Aman’s application for an education loan at “Bharat Finance Bank” was put on hold, and his admission process at “Gyanodaya Institute of Technology” was stalled due to the identity verification failure. Despite multiple visits to Digital Seva Solutions and numerous calls to the UIDAI helpline, the issue remained unresolved, with the enrollment agency blaming a “server glitch” and offering no concrete solution.

Advice in such cases

Navigating such bureaucratic hurdles can be frustrating. It is crucial to act systematically to protect your rights.

• Document Every Interaction: Keep a file of all documents, including the original enrollment slip, copies of the old and new Aadhaar cards, and any correspondence (emails, letters) with the enrollment agency and UIDAI.
• File a Formal Grievance: Lodge a formal complaint through the official UIDAI grievance redressal portal or by calling their helpline. Note down the complaint number for future reference.
• Send a Legal Notice: If the enrollment agency and the authorities are unresponsive, the next step is to send a formal legal notice through a lawyer. This notice will outline the deficiency in service, the hardship caused, and the relief sought.
• File a Consumer Complaint: An Aadhaar enrollment center provides a service. Its failure to update details correctly amounts to 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

Several laws can be invoked in such a scenario to seek justice and compensation.

• The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016: Chapter VII of the Act outlines penalties for non-compliance by enrollment agencies and other entities within the Aadhaar ecosystem.
• The Consumer Protection Act, 2019: This is the primary legislation for such cases. You can file a complaint against the enrollment agency for deficiency in service, claiming not only the correction of records but also compensation for the financial loss and mental agony suffered.
• The Information Technology Act, 2000: Provisions related to the improper handling of electronic data may also be applicable, depending on the specifics of the case.
• Bharatiya Nyaya Sanita, 2023 (BNS): If there is evidence of deliberate deception or intent to cause wrongful loss, provisions related to cheating (Section 318 of BNS) could potentially be explored, though the primary route is civil.

If you are the complainant

If you are in Mr. Sharma’s position, you are the complainant fighting for your rights and your child’s future.

• Gather All Evidence: Collect letters of rejection from the bank, emails from the college, and any other document that proves the tangible loss or hardship caused by the incorrect Aadhaar data.
• Quantify Your Losses: Calculate any financial losses incurred, such as application fees, travel expenses for multiple visits, and potential loss of an academic year. This will form the basis of your compensation claim.
• Be Proactive: Do not just wait for the agency to act. Follow up on your complaints regularly and maintain a log of all communications, including dates, times, and the names of the people you spoke with.
• 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

If you are the student, like Aman, whose future is being affected, your role is also important.

• Cooperate Fully: Work closely with your parents and the lawyer. Provide clear and accurate information about the problems you are facing at college or with banks.
• Stay Informed: Understand the legal process. While your elders or lawyer will handle the case, being aware of the steps helps in providing timely information and support.
• Maintain Composure: Facing rejection due to a technical error can be stressful. It is important to stay calm and focus on the solution rather than the problem.
• 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

Approaching the police might not be the most effective first step in this type of case. This is primarily seen as a service deficiency issue, which is a civil matter. The police will likely direct you to the UIDAI grievance mechanism or a consumer court. They would only intervene and register an FIR if there is a clear element of a cognizable criminal offense like forgery or cheating with malicious intent, which can be difficult to prove in cases of technical or procedural lapses. The investigation would then proceed as per the procedures laid down in the Bharatiya Nagarik Suraksha Sanita, 2023 (BNSS).

FAQs people normally have

Here are some common questions that arise in these situations.

• Can I sue the Aadhaar enrollment agency? Yes, you can file a case in the appropriate District Consumer Disputes Redressal Commission for deficiency in service.
• What is the first official step to resolve an Aadhaar update error? The first step is always to use the official UIDAI grievance portal or helpline to register a formal complaint.
• How much compensation can I claim? The compensation depends on the actual monetary loss, the severity of the mental harassment, and the discretion of the consumer commission. It should be a reasonable amount backed by evidence.

What evidence is required?

Strong evidence is the backbone of any legal claim. For a case involving a failed Aadhaar update, you will need:

• The acknowledgment slip from the enrollment center showing the new photograph.
• Printouts of the downloaded e-Aadhaar showing the old, incorrect photograph.
• Copies of all written communication with the enrollment agency and UIDAI.
• Documentary proof of the consequences, such as rejection letters from financial institutions or educational bodies citing the photo mismatch.
• An affidavit detailing the sequence of events and the mental and financial hardship faced.

How long will the investigation take?

The timeline can vary significantly depending on the path you choose. A grievance with UIDAI might be resolved within 30 to 90 days. However, a case filed in a consumer court can be a longer process. Depending on the complexity and the caseload of the commission, it can take anywhere from six months to over a year to get a final order. If a criminal investigation is initiated, it will follow the timelines prescribed under the BNSS.

Advocate Sudhir Rao, Supreme Court of India