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The Time I Couldn’t Buy a TV Set Because of Aadhaar...

HDFC is seemingly unaware that private entities can’t ask for Aadhaar – here’s what to do when banks violate the law

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Hindi Female

I never imagined that the Aadhaar card would become my biggest hurdle to buying a TV set.

Why is an Aadhaar card required to buy a TV, you ask? I’ll tell you – my account may be useful to those who have shied away from Aadhaar so far because of all the security issues around it.

With Diwali around the corner, I had planned to buy a new TV set on 28 October, hoping to get a good discount. My first choice was to visit the Croma store in Mall of India, Noida because it’s convenient there to compare several TV sets. After investing almost half an hour in deciding which TV suits my criteria, I closed in on an LG TV. I must say that the salesman was very patient with my queries and helped me get the best deal.

The salesman informed me that I could get a cash back of Rs 10,000 if I made payment through HDFC, ICICI or Standard Chartered credit cards. Unfortunately, I didn’t have any of these.

But there was another way to get the mouth-watering cash back benefit – purchasing the TV on EMI.

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‘No EMI Without Aadhaar’

I hadn’t planned on purchasing the TV set on EMI, but since the offer was so tempting, I couldn’t say no.

The Croma salesman took me to a counter where HDFC bank employees were facilitating the loan process. The Croma salesman briefed the banker about the TV set and the scheme I was interested in.

I was asked for my Aadhaar and PAN cards. I quickly pulled out my Aadhaar card from my wallet and handed it to him. I then asked the banker for his email address so I could forward him a soft copy of my PAN card.

I’m not a big fan of shopping, so all I wanted was to get through this process as quickly as possible. But I knew that the EMI process would take some time, so I resigned myself to the wait, and walked around adding gadgets to my wishlist.

About 5-10 minutes later, it finally struck me – the Supreme Court’s order on Aadhaar restricts banks and private entities from asking for the Aadhaar card as ID proof!

I rushed back to the counter and requested that the HDFC employee return my Aadhaar card. Here is how that conversation went:

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Please return my Aadhaar card. I don’t wish to give my Aadhaar card as my residential proof. I can give you a copy of my passport instead.

No madam, Aadhaar card is mandatory, without which I cannot process your EMI loan.

Are you aware of the Supreme Court order on the Aadhaar card which says that banks can’t make it mandatory anymore?

Wo sab hoga madam, mein loan nahi process karunga Aadhaar card ke bina. (That may be, but I won’t process your loan without an Aadhaar card.)

But I don’t want to give my Aadhaar card.

Madam, what’s the problem? I am not asking for your biometrics. I just want your Aadhaar card number to feed in, without which I cannot process your EMI loan.

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The HDFC banker was probably unaware of the fact that the Aadhaar card number by itself is of no use without biometric verification, but I didn’t want to get into another argument with him.

Why don’t you let me speak to your senior?

I spoke to my sales manager and he told me to process your EMI because you are providing me with your HDFC bank account details.

Well, in that case, I’d rather give you my SBI bank account details. You have agreed to process it only because my existing HDFC bank account has my Aadhaar card details.

We cannot process your EMI loan with your SBI bank account details.

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By now I was irritated, hungry and cranky. I was so pissed off that I was ready to walk out. I was persuaded by the patient Croma salesman who requested that I proceed with the deal and just talk to the senior HDFC sales manager over the phone.

May I know to whom am I speaking?

Yes madam, please tell me what the problem is. I have told my junior not to take the Aadhaar card from you.

But my question to you is, why are you even asking for it? Aren’t you aware of the Supreme Court order on Aadhaar which came out a month ago?

I am aware of it but I can’t help you because the bank system has not been updated yet. We cannot proceed with the services if we don’t feed the Aadhaar card number into the system.

Is your bank still asking for Aadhaar card numbers from every customer who wishes to take an EMI loan from your bank?

Yes ma’am, we are waiting for the system to get updated. As of now, it is mandatory for us to feed in Aadhaar card details of the customers in order to extend any service.

By this time, I was so irritated that I didn’t even want the TV set... I felt bad for the Croma salesman who would lose out on the sale because of HDFC’s antics, but I had had enough. I apologised to him and walked out.

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What Should a Consumer Do When They Are Forced to Give Aadhaar?

Option 1

The Supreme Court in its order, pronounced on 26 September 2018, struck down the linking of Aadhaar to bank accounts by making it non-mandatory. I knew that by demanding Aadhaar, the bank was in violation of the Supreme Court’s order.

Until we, as buyers and consumers, start objecting to such illegal demands by corporations, they will continue to exploit the system, and our ignorance.

The RBI circular issued on 23 October 2018 based on the Supreme Court’s Aadhaar judgment clearly stated that the banks cannot ask for Aadhaar card as a mandatory document to provide services. Although, if a customer wishes to, he or she can voluntarily provide it as an ID/address proof.

Here is the relevant excerpt from the RBI circular:

HDFC is seemingly unaware that private entities can’t ask for Aadhaar – here’s what to do when banks violate the law

So the next time a company asks for your Aadhaar card in violation of the Supreme Court’s order, deny them your money and go elsewhere.

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Option 2

Get on social media to create awareness and tag the concerned banks – Jago Grahak, Jago.

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Option 3

One can also file a complaint with the Consumer Court, citing violation of the order of the Supreme Court. A customer can even move the Supreme Court by filing a contempt petition against the concerned bank.

I realise it’s daunting to go through a court proceeding, but somebody needs to take the first step and file a complaint for the dam to burst.

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If you are asked for your Aadhaar card even after the Supreme Court’s ruling, the only way to ensure private entities play fair is to hit them where it hurts – in the wallet. Put your money where your mouth is, and take your business somewhere else.

(At The Quint, we are answerable only to our audience. Play an active role in shaping our journalism by becoming a member. Because the truth is worth it.)

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Topics:  Supreme Court   HDFC Bank   Consumers 

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