Retail shops can't take customer’s mobile number: Consumer commission  

In a judgment which is likely to have wider consequences, a Bench of State Consumer Disputes Redressal Commission, Chandigarh, held that “a retail store cannot take mobile numbers from consumers”. The Bench, comprising Padma Pandey, presiding member, and Preetinder Singh, member, passed the order after hearing the complaint filed by advocate Pankaj Chandgothia.

He stated that he had bought footwear from A&S Luxury Fashion House, a shop at Elante Mall, on April  29, 2024.

The shop took his mobile number on the pretext of issuing a bill.

Chandgothia contended that this 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, 2023, to all retailers and sellers, that asking customers to give their mobile numbers during the sale of a product as a requisite mandatory condition was a violation of their rights and amounted to being an unfair trade practice under the Act.

The notification further states 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, is a punishable offence. 

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

He argued that if a wrong person got access to someone’s mobile number, he could misuse it for criminal activities.

He said a mobile number could be used to track the approximate location of a device, especially when it is in use. Even bank accounts are linked with mobile numbers, he said.

After hearing the arguments, the commission directed the shop management to immediately delete the personal information of the complainant from their electronic database and not indulge in "unfair contract and dark patterns" practices.

It has also been told not to obtain mobile numbers and personal details of customers without their express consent and to pay Rs 2,500 as consolidated compensation.