PwD Chief Commissioner Directs Radisson Blu To Ensure Accessible Payment Device For Persons With Disabilities In Their Hotels

Background Fact

On October 25, 2022, the Complainant, a person with 100% visual impairment, visited the Radisson Blu, Nagpur, a leading 5-star hotel chain (Respondent No. 1), where the Complainant was unable to access the services due to the hotel's touch-screen-based Point-of-Sale (POS) device, which had smooth surfaces and lacked tactile or auditory feedback.

According to the Complainant, such inaccessibility prevents blind people from independently confirming they are being charged the correct amount, forcing them to disclose their PIN number to a friend, family member, or salesperson, thus exposing them to potential fraud and theft.

The complaint alleged that Radisson Blu violated Chapter VIII of the Rights of Persons with Disabilities Act, 2016, and Parts 1 and 2 of IS 17802, as notified by the Bureau of Indian Standards (BIS), which relate to the accessibility of Information and Communications Technology (ICT) products and services.

Therefore, aggrieved by the inaccessible POS device at Radisson Blu Hotel, Pune, the Complainant filed a complaint before the Chief Commissioner for Persons with Disabilities, seeking Radisson Blu to replace their current POS devices with accessible ones, conduct an accessibility audit, comply with BIS standards, and take remedial actions.

Contentions of Radisson Blu

Radisson Blu denied the allegations of violating the Act and contended that on the day the Complainant visited the hotel, the POS devices were operational and functional. They contended that all guests, regardless of their disability, were able to use the device independently and make their respective payments without interference from any third party.

Observation and Recommendation by Court

The court held that the POS device was inaccessible to the Complainant during his visit to the hotel. Consequently, the court directed Radisson Blu to issue guidelines that ensure a practical solution for conducting transactions by persons with disabilities, especially those with visual impairment, without compromising their financial security and privacy.

Furthermore, the court directed Radisson Blu to ensure the use of physical keypad-based POS devices in all their hotels nationwide.

Additionally, the court directed the Reserve Bank of India (Respondent No. 3 & 4) to issue guidelines to all payment system operators and participants to ensure accessibility of all approved payment systems, including POS, for persons with disabilities.

Further, the court directed the Ministry of Consumer Affairs, Food and Public Distribution (Respondent No. 2) to issue similar guidelines to all hotel and restaurant associations regarding the use of accessible POS devices.

Case Title – Shri Rahul Bajaj Versus Radisson Blue Hotel and others

Citation – Case No. 13729/1101/2023

Counsel for Complainant- Mr. Husain Anis Khan

Counsel for Respondents – Adv. Pepakayala Geetanjali (For Respondent no 1)