Retailer can’t ask for customer’s mobile phone number: Consumer panel
A Bench of the State Consumer Disputes Redressal Commission, Chandigarh, has held that a retail store cannot collect mobile numbers from customers.
The Bench comprising Padma Pandey, presiding member, and Preetinder Singh, member, passed the order following a complaint filed by advocate Pankaj Chandgothia.
The complainant stated that he had purchased a pair of footwear from A&S Luxury Fashion House, a shop at an upscale mall in the city, on April 29 last year. The shop insisted on taking 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. He contended that the Ministry of Consumer Affairs had issued a notification on May 26, 2023, to all retailers and sellers’ associations, which also include the opposite parties, to the effect that insisting on mobile number during the sale of a product as a pre-requisite mandatory condition was a violation of their rights and amounted to an 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, is 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 argued that mobile number was very vital and could create a havoc if it reached the wrong hands as vital information of every kind was linked with the number. Mobile numbers can be used to track the approximate location of a device when it is in use. Even bank accounts are also linked with the mobile numbers and one-time password (OTP) are also received on registered mobile numbers. Therefore, the fundamental right to privacy of the complainant has been breached by the act of the opposite parties.
After hearing the arguments, the commission directed the shop management to immediately delete the personal information of the complainant from their electronic database and to not indulge in unfair contract practice. The shop management was also directed to not obtain mobile numbers and personal details of customers without their express consent. The panel imposed a consolidated compensation of Rs 2,500 on the respondent.
The commission held: “By forcing the complainant to share his personal details without his express consent, the opposite parties indulged in “dark patterns” practice in addition to unfair contract and unfair trade practice”.