Ernakulam District Commission Orders Bajaj Finserv not to call Individuals Repeatedly
In a recent ruling, the Ernakulam District Commission, led by Shri. D.B. Binu, Shri. V. Ramachandran, and Smt. Sreevidhia T.N., held Bajaj Finserv accountable for persistent harassment through unsolicited calls, despite repeated requests to stop. The Commission declared these actions as unfair trade practices under the Consumer Protection Act.
The case was brought forward by the complainant, Nithin Ramakrishnan, who filed an application under Section 38(8) of the Consumer Protection Act, 2019. He sought an order to stop the unwanted calls and messages from Bajaj Finserv and its subsidiaries and to have his number added to the company’s Do Not Disturb (DND) list. According to the complainant, despite his repeated requests to cease the calls, Bajaj Finserv continued to make 3-4 calls daily, causing significant disturbance.
The opposite party, Bajaj Finserv, failed to file any objections or responses to the complaint.
The District Commission reviewed the case and referred to the Consumer Protection Act, 2019, which defines unfair trade practices as actions that cause unnecessary harassment to consumers. The Commission also highlighted that Section 2(47) of the Act prohibits harassment in the promotion of goods or services. Section 38 further empowers the Commission to provide interim relief in such cases.
In addition, the Commission referred to the landmark Supreme Court ruling in Justice K.S. Puttaswamy (Retd.) & Anr. v. Union of India & Ors. (2017), which recognized the right to privacy under Article 21 of the Constitution. The Court held that privacy includes protection against unsolicited intrusions into personal life. The Commission noted that the repeated calls, especially during work hours, violated the complainant’s right to privacy.
As a result, the District Commission ordered Bajaj Finserv and its subsidiaries to immediately stop all unsolicited calls and communications to the complainant. The company was also directed to add the complainant’s number to its Do Not Disturb (DND) list.
