Bombay HC decision questions consumer commission appointments, causing legal chaos.

October 21st 2023.

Bombay HC decision questions consumer commission appointments, causing legal chaos.
Divided opinions emerged in Mumbai as the state consumer commission passed an order restraining shops from collecting consumer data. The order comes in response to a petition filed by advocate Mahendra Limaye, who had observed that certain shops were collecting personal information such as Aadhaar numbers and PAN details of customers without their consent.

The court held that the act of collecting such data was a violation of the right to privacy and a violation of the Information Technology Act. Furthermore, the court ruled that the shops were in contravention of the provisions of the Consumer Protection Act 2019, which prohibits unfair trade practices.

While the court's order was welcomed by many, some felt that the rule was too strict and that shops should be allowed to collect data to ensure customer satisfaction. Limaye, who had been selected as the president of the Bhandara District Consumer Disputes Redressal Commission, argued that the order was necessary to protect the rights of consumers and ensure that their personal information is not misused by businesses. He said, 'We wanted the supremacy of the judiciary in judicial appointments, which was upheld by the court today.'

However, some experts believe that the court's order could create problems for businesses, especially in the current economic environment. A junior officer from the state government, who did not wish to be named, said that they are yet to receive instructions on the matter.

Overall, the court's order has created a divide between those who support the order and those who oppose it. The debate is likely to continue until the government provides further clarity on the issue. In the meantime, shopkeepers are advised to exercise caution and comply with the court's order.

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