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abhijit majumder (practicing company secretary)     23 November 2023

Query on giving mobile phone no


The respected fellow experts


very recently I visit  a shop to purchase a shoe.  After made  payment by cash I ask for Cash memo. The sales personal ask my mobile  no. I refused to give . They told me that cash memo sent in mobile no.

After some exchange of words I leave the shop without cash memo.

My query  before fellow experts are:

Under what law these shop owners seek a customer's mobile no particularly when I paid in cash?  and

Does  a customer have  a right to refuse to provide mobile no, as I think it is a personal information?





 6 Replies

Sanskriti Tiwari   23 November 2023

In India, consumer laws are primarily governed by the Consumer Protection Act, 2019, which aims to protect the rights of consumers and ensure fair trade practices. However, specific aspects of consumer laws can also be influenced by state-level regulations and case law precedents.

Regarding the collection of personal information, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 under the Information Technology Act, 2000, regulate the collection and use of sensitive personal data, which includes information like mobile numbers. These rules emphasize obtaining consent before collecting such data and specify the purposes for which it can be used.

Under the Consumer Protection Act, consumers have the right to be protected against unfair trade practices. This includes the right to privacy and the right to refuse to provide personal information that is not directly relevant to a transaction. The Act focuses on ensuring that consumers are not subject to unfair, deceptive, or restrictive practices by sellers.

Various judgments by the National Consumer Disputes Redressal Commission (NCDRC) and state consumer commissions have reinforced consumer rights related to privacy and protection from unfair trade practices. Cases that involve unauthorized sharing or misuse of personal information without consent have often been ruled in favor of consumers, emphasizing the importance of consent and data protection.

While specific laws and case laws exist to protect consumers' rights to privacy and fair practices, individual circumstances and case specifics can impact how these laws are interpreted and applied. 

T. Kalaiselvan, Advocate (Advocate)     23 November 2023

There is no provision in law mandating the shop keepers to demand the mobile nuimbers of the customers.

There are chances for misusing the phone numbers by the advertising agents to promote their products. 

In India, it is not mandatory for customers to give their mobile numbers to retailers in order to get a bill.

The new advisory issued by the Department of Consumer Affairs, Government of India, states that requiring a consumer's mobile number as a condition for the sale of a product when the consumer declines to provide it is a violation of consumer rights and an unjust business practise.

If the shop keeper is not furnishing the cash memo even after collecting the money for the products sold, then you can take him to consumer court with a complaint about his unfair trade practice.

abhijit majumder (practicing company secretary)     23 November 2023

First I must give my sincere thanks to Sir T Kalaiselvan and Sanskriti Tiwari  for provide thier  views with legal information as well as advise immediately.

In fact your comments are very much valuable to enlighten any person because you provide relevant legal ques.

In fact this practice was prevalent in many states. If  senior fellows like you of this website shared articles along with relevant legal provisions of this issue the persons who have no legal background will be benefitted immencely.

Can I approach to  District Consumer court because of refusing  to give cash memo against purchase.I need no  compensation , but this practice must be stopped. This shoe company is a very renouned Company( sorry I will not mentioned it's name).

Again I prove my sincere thanks



T. Kalaiselvan, Advocate (Advocate)     23 November 2023

Firstly thanks for your appreciations.

Secondly, you are at your liberty to approach consumer forum against the shop keeper for not providing bill and for defficiency in service, besides you can lodge a complaint with commercial tax office for not providing buill for  items sold and evasion of tax, and also a complaint with the local civic body which has given license for running the business to the shopkeeper for such unfir trade practice. .

Sanskriti Tiwari   23 November 2023

Absolutely, you can approach the District Consumer Court to address the issue of the shop refusing to provide a cash memo against your purchase. Consumer courts are established precisely to safeguard consumers' rights and ensure fair practices by businesses.

Your intention to stop the practice rather than seeking compensation aligns with the aim of consumer courts to rectify unfair trade practices. Even without seeking compensation, you can file a complaint highlighting the refusal to provide a cash memo, emphasizing the importance of transparency and accountability in transactions, especially regarding legal obligations to issue receipts.

While mentioning the name of the company might help in providing specific details, it's understandable if you choose not to disclose it. Your focus on the practice itself is what matters in ensuring fair and transparent dealings for all consumers.

Gathering any evidence you have, such as witnesses, communication exchanges, or any records related to the purchase, can strengthen your case. It's advisable to consult with a legal expert or consumer rights organization to understand the specific procedure and documentation required to file a complaint in the District Consumer Court.

abhijit majumder (practicing company secretary)     24 November 2023

Again sincere thanks to Sir T Kalaiselvan and Sanskriti Tiwari for providing their valuable comments.

I will approach to a  legal consultant for drafting complaint before District consumer court kolkata.




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