The Ernakulam District Consumer Disputes Redressal Commission has prohibited a finance company from repeatedly harassing a Kochi resident with unsolicited loan offers over the phone.
Nithin Ramakrishnan, a resident of Panampilly Nagar in Kochi, filed a complaint with the panel after enduring continuous and intrusive calls from Bajaj Finserv that disrupted his peace of mind.
According to the petitioner, despite numerous requests to stop, Bajaj Finserv and its subsidiaries continued making unsolicited calls, causing significant inconvenience.
Even after the complaint was filed on March 14, 2023, the company persisted, calling him three to four times daily from different numbers, particularly during work hours.
The complainant argued that such actions infringed on his right to privacy and a peaceful life. Despite assurances to include his number on their Do Not Disturb (DND) list, the company failed to address the issue and continued its intrusive behaviour.
The Commission found that the repeated calls, despite requests to stop, constituted harassment and amounted to an unfair trade practice under the Consumer Protection Act, 2019.
The Act categorises actions causing unnecessary harassment as unfair trade practices under Section 2(47), while Section 38 empowers the Commission to provide interim relief in such cases.
Referring to a Supreme Court judgment, the Commission emphasised that the right to privacy, enshrined under Article 21 of the Constitution, includes protection from unwarranted intrusions into personal life and space.
The bench, comprising President D B Binu and members V Ramachandran and T N Sreevidhia, ruled that the repeated calls, especially during working hours, violated the complainant’s privacy.
The Commission directed Bajaj Finserv and its subsidiaries to immediately stop all unsolicited communications to the complainant and to ensure his number was added to their DND list within seven days of the order.
The case will be revisited on March 4 to address the complainant’s demand for compensation from the opposing party.
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