Panel restrains shop from taking phone numbers of customers for issuing bills

The UT State Consumer Disputes Redressal Commission has directed a shop to not collect mobile numbers from its customers.

The commission has passed the interim order in a complaint filed by Pankaj Chandgothia against a shop in Sector 35, KK Fashion (franchisee of Savvyy) while issuing notices to appear and reply on October 14.

Advocate Chandgothia filed the complaint alleging that when he bought products from the shop, his mobile number was sought on the pretext of issuing a bill. He contended that the action violated the data privacy rules and exposed his information to unscrupulous persons.

Chandgothia further contended that the Ministry of Consumer Affairs had issued a notification dated May 26 last year to all associations of retailers and sellers, which also included the opposite parties, that insisting on mobile number during the sale of a product as a mandatory condition was a violation of their rights and constitutes unfair trade practice.

The notification further stated that under Section 72-A of the Information Technology Act, 2000, disclosing personal information of a person, including mobile number obtained at the time of sale, without her/his consent or in breach of a lawful contract, to any other person, was a punishable offence.

Chandgothia contended that by imposing a mandatory requirement to provide mobile number, consumers were often forced to share their personal information against their will, after which they were often flooded with marketing and promotional messages from retailers, which they did not even opt for at the time of purchasing the product.

He said café shops and retailers continue to violate the order by insisting for mobile numbers of customers.

After hearing the arguments, the commission comprising Padma Pandey, presiding member, and Preetinder Singh, member, stated that in view of the notification issued by the government, the opposite parties 1 ( M/s Savvyy, Gurgaon ) and the opposite party 2 (KK Fashion) were restrained from taking any personal details such as mobile numbers from customers while issuing bills for the purchase of products during the pendency of the complaint.

The court also issued notices to the OPs for filing their replies on October 14.