The Uttar Pradesh State Consumer Disputes Redressal Commission recently held that since WhatsApp offers services to users in India, a consumer complaint against the platform can be entertained by consumer courts in the country.
The State commission made the observation while setting aside a district consumer forum’s decision to dismiss a consumer complaint filed against WhatsApp as not maintainable (not liable to be examined on merits).
A coram comprising State commission President Sushil Kumar and Member Sudha Upadhyay disagreed with the district commission’s view and held,
“WhatsApp is a service provider company. This company also provides services in India, so it cannot be said that this company is a foreign company and the consumer complaint against it is not maintainable. Therefore, the conclusion of the District Consumer Commission – that the person using WhatsApp is not a consumer of WhatsApp and the consumer complaint against WhatsApp is not maintainable – is against the law. Therefore, the order passed by the District Consumer Commission is liable to be set aside.”
The State commission was hearing two appeals filed by former IPS officer and National President of the Azad Adhikar Sena, Amitabh Thakur, who challenged orders of the Lucknow District Consumer Disputes Redressal Commission.
Thakur had sought compensation from WhatsApp after its services were allegedly disrupted for around six hours. He claimed that the disruption of WhatsApp’s services affected his work.
A district consumer disputes redressal forum refused to admit his consumer complaint. It reasoned that WhatsApp was an international entity and that since Thakur had not paid any consideration to use WhatsApp’s services, his consumer complaint was non-admissible.
This led Thakur to approach the State forum for relief.
The State forum observed that WhatsApp offers a service whereby its users can exchange personal information. WhatsApp attracts its customers because of this function. This renders WhatsApp a service provider, the State consumer forum held, making it subject to consumer law in India.
It proceeded to order the district consumer forum to register Thakur’s complaint and decide on his plea for compensation from WhatsApp within 90 days, as required under the Consumer Protection Act, 2019.
