Chandigarh, February 3:
In a significant ruling, the State Consumer Disputes Redressal Commission, Chandigarh, has declared that retail shops are not allowed to collect mobile numbers from customers. The decision was made by a Bench consisting of Padma Pandey, the presiding member, and Preetinder Singh, the member, following a complaint filed by advocate Pankaj Chandgothia.
Chandgothia reported that on April 29, 2024, he purchased footwear from A&S Luxury Fashion House, located at Elante Mall. During the transaction, the store requested his mobile number under the pretext of issuing a bill.
He argued that this practice violated data privacy regulations and exposed his personal details to potential misuse. Further, he cited a notification issued by the Ministry of Consumer Affairs on May 26, 2023, which stated that asking customers for their mobile numbers during purchases, as a mandatory condition, was an infringement of their rights and could be classified as an unfair trade practice.
The notification referenced Section 72-A of the Information Technology Act, 2000, which makes it a punishable offense to disclose a person’s personal data, including their mobile number, without consent or in violation of a legal contract.
Chandgothia raised concerns that the requirement to provide a mobile number forces consumers to share their private information, often leading to unsolicited marketing messages. He also emphasized the risks of a mobile number being misused, such as tracking a person’s location or accessing linked bank accounts.
In response, the Commission directed the store to immediately remove the complainant’s personal data from their systems and cease any “unfair contract and dark patterns” practices. The retail establishment was also instructed not to collect mobile numbers or any other personal information from customers without their explicit consent and to compensate the complainant with Rs 2,500.
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