Not mandatory for customers to furnish mobile numbers to generate bill: Forum
The Bench of Commission presided by Justice Raj Shekhar Attri and Rajesh K Arya passed the directions while hearing the complaint of Pankaj Chandgothia against The Coffee Bean and Tea Leaf of Sector 10, Chandigarh, a venture of Vision Hospitality Solutions.
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The commission remarked that “it is not mandatory for customers to furnish their mobile numbers to a retailer to generate a bill. However, customers often feel pressured by retailers who insist on having their contact number to complete transactions. (File Photo)The State Consumer Disputes Redressal Commission of Chandigarh has held that “it is not mandatory for customers to furnish their mobile numbers to a retailer to generate a bill”.
The Bench of Commission presided by Justice Raj Shekhar Attri (president) and Rajesh K Arya (member) passed the directions while hearing the complaint of Pankaj Chandgothia against The Coffee Bean and Tea Leaf of Sector 10, Chandigarh, a venture of Vision Hospitality Solutions.
The commission has directed the café to immediately delete the personal information of the complainant from their electronic database and wherever reflected in their records, and not to indulge in unfair contract and unfair trade practice and “dark patterns” practices and not to obtain mobile number and personal details of the customers without their consent. The café was also directed to pay Rs 2,500 as compensation to the complainant and deposit Rs 10,000 in Consumer Legal Aid Account.
The complainant, advocate Chandgothia, contended that on September 4, 2023, he went to The Coffee Bean and Tea Leaf, Sector 10 Chandigarh, to have Coffee. Chandgothia alleged that while placing the order at the counter of the shop, the cashier asked him to give his mobile number to place the order. When the complainant enquired, the cashier said it was their policy to take the mobile numbers of consumers for marketing purposes and without giving the mobile number, he would not be able to issue the bill or take the order. The complainant disclosed his name and mobile number. Thereafter, the cashier took the order and issued bill, and handed the complainant cold coffee.
The complainant stated that immediately after getting the bill, he received another message on his mobile stating that “the S Loyalty Wallet of the complainant has been successfully loaded with 19.15 loyalty points, which would expire on November 3, 2023″. The complainant argued that on the pretext of taking the order and issuing bill, the cafe obtains personal details of consumers and retains them in their database for marketing and other purposes.
The Coffee Bean and Tea Leaf in reply submitted that the mobile number is taken voluntarily/consensually from the customer for the purpose of loyalty programme for the customers, and they do not misuse the customers’ data. The café also placed on record a list of mobile numbers against which the loyalty points are credited and redeemed from September 1, 2023 onwards. The café denied any deficiency in rendering service.
On hearing the matter, the commission stated that the Government of India, Department of Consumer Affairs, had issued clear instructions on May 26, 2023, and had stated that insisting on mobile number during the sale of a product as a pre-requisite, even when a consumer opts for not providing it, is a violation of their rights and constitutes unfair trade practice under the Act.
The commission said that on September 18, 2023, at the time of issuing notice to the café in question, this commission restrained the café (The Coffee Bean and Tea Leaf) from taking any personal details from the customers.
However, bare perusal of voluminous record with dates which is a list of mobile numbers against which the loyalty points are credited and redeemed from September 1, 2023 onwards shows that despite specific directions issued by this commission not to take any personal details from the customers, the café did not stop its practice and is still carrying on with the same practice, which is total non-compliance with the orders passed by the Government of India.
The commission remarked that “it is not mandatory for customers to furnish their mobile numbers to a retailer to generate a bill. However, customers often feel pressured by retailers who insist on having their contact number to complete transactions. They don’t have a choice to say no in many situations. Most people desist this ritual as they fear their number might get leaked, which could make them a victim of unsolicited spam calls or even worse, their number might get exposed to crooks amidst the rise in online scams. Laws such as data protection or privacy regulations may specify the conditions under which personal information can be collected and used”.
“Obtaining the customer’s consent before collecting personal information is a fundamental principle of privacy protection. Customers should have the option to provide or withhold their information based on their comfort level. Retailers should implement appropriate security measures to protect the personal information they collect…There is no assurance of any data protection at any level. Personal information such as mobile number is very vital and it can create havoc, if it reaches in wrong hands as vital information of every kind is linked with the mobile number,” the commission observed.
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