STATE CONSUMER DISPUTES REDRESSAL COMMISSION CHANDIGARH CONSUMER COMPLAINT NO. SC/4/CC/36/2025 MAHI SINDHU D/o. Dalbir Singh PERMANENT ADDRESS - CHANDIGARHCHANDIGARH,CHANDIGARH.

.......Complainant(s)

Versus MOCHI M/S METRO BRANDS LTD PERMANENT ADDRESS - CHANDIGARH,CHANDIGARH.

.......Opposite Party(s)

BEFORE:

HON'BLE MRS. PADMA PANDEY , PRESIDING MEMBER HON'BLE MR. PREETINDER SINGH , MEMBER FOR THE COMPLAINANT:

PANKAJ CHANDGOTHIA , Adv. pankaj Chandgothia (Advocate)

FOR THE OPPOSITE PARTY:

DXIT GARG DATED: 25/09/2025

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH (Additional Bench

Consumer Complaint No.	:	36 of 2025
Date of Institution	:	16.04.2025
Date of Decision	:	25.09.2025

Mahi Sindhu, aged 32 years, D/o Late Sh.Dalbir Singh, Flat No.12A, Motia City, Zirakpur, Punjab-140603 ------Complainant V e r s u s Mochi M/s Metro Brands Ltd. SCO 75, Sector-17-C, Chandigarh-160017 through its Store Manager. Email: cdm@mochi.in …Opposite Party Complaint under Section 47(1)(a)(i) and (ii) of the Consumer Protection Act, 2019.

BEFORE: MRS. PADMA PANDEY, PRESIDING MEMBER MR.PREETINDER SINGH,MEMBER For the Complainant : Sh. Pankaj Chandgothia, Advocate For the Opposite Party : Sh. Dixit Garg, Advocate PER PADMA PANDEY, PRESIDING MEMBER This complaint has been filed under Section 47(1)(a) (i) and (ii) of the Consumer Protection Act, 2019 as amended upto date against the Opposite Party alleging unfair trade practice and unfair contract on its part.

2. As per facts of the case, on 21.03.2025 the Complainant went to the Showroom of Opposite Party to buy footwear (Sandals). The cashier asked the Complainant to give her mobile number in order to issue the bill. When enquired by the complainant, the cashier told that it was their policy to take the mobile number of consumers for marketing purposes and messaging and without giving the mobile number he would not be able to issue the bill or take the order. Perforce, the complainant disclosed her mobile number as required by the Opposite Party and thereafter, the Opposite Party issued the bill (Annexure C-1) and handed over to the Complainant the bought item. It is alleged by the complainant that on the pretext of taking order and issuing bill, the Opposite Party obtains personal details of the consumers and retains it in its database for marketing and other purposes whereas the said data is prone to leakage or hacking which results in further harassment of the complainant by way of unwanted calls and unwanted solicitation. Many such companies even sell their data to desirous parties and therefore, get profit at the expense of the consumers. It has been further averred that Government of India, Ministry of Consumer Affairs, Food and Public Distribution, Department of Consumer Affairs had issued a notification dated 26.05.2023 to all the retailers and sellers’ association, which also include the Opposite Party, to the effect that insisting on mobile number during the sale of a product as a pre-requisite mandatory condition, even when a consumer opts not to provide the same, is a violation of their rights and constitutes unfair trade practice under the Consumer Protection Act,2019. It has been further averred 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. It has been also averred that by imposing a mandatory requirement to provide mobile number, consumers are often forced to share their personal information against their will, after which consumers are often flooded with marketing and promotional messages from retailers, which they did not even opt for at the time of purchasing the product. Restricting consumers to buy products or to return, exchange, and refund or resolving consumer grievance solely on the ground that the consumer has not shared her/his mobile

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