WhatsApp approached the Allahabad High Court to challenge a ruling by the Uttar Pradesh State Consumer Commission, which had allowed a consumer complaint against the platform to proceed.
Allahabad: The popular US-based messaging platform WhatsApp has filed a petition in the Allahabad High Court against a ruling made by the Uttar Pradesh State Consumer Disputes Redressal Commission. The consumer court had earlier ruled that complaints against WhatsApp can be heard by Indian consumer forums.
In February this year, the State Consumer Commission stated that since WhatsApp is providing services in India, “a consumer complaint against the platform can be entertained by consumer courts in the country.”
This ruling came after a complaint was made regarding a service interruption on WhatsApp that allegedly lasted about six hours. The complainant said the disruption affected his professional work. The District Consumer Forum had earlier dismissed this complaint, stating it was “not maintainable.”
The Forum had reasoned that WhatsApp is an international company, and since the complainant did not pay any charges to use its services, the complaint could not be entertained under Indian consumer law.
However, the State Commission set aside this order.
It observed that WhatsApp is a “service provider” and therefore falls under the jurisdiction of India’s consumer protection laws. It directed the District Forum to “register the case and hear it on merits.”
This decision has now been put on hold by the Allahabad High Court after WhatsApp filed an appeal. Justice Pankaj Bhatia, who heard the plea, issued an interim order on May 26, stating that the consumer proceedings will remain stayed “until further orders.” The next hearing will be held in July.
The High Court has also asked the complainant, former IPS officer and current Azad Adhikar Sena National President Amitabh Thakur, to file his reply to WhatsApp’s petition.
Amitabh Thakur had approached the consumer forum after claiming that his work was affected due to a six-hour disruption in WhatsApp’s services. He sought compensation from the company.
After the District Forum rejected his plea, saying it was not valid under consumer law because no payment was made for the services, Thakur took the matter to the State Consumer Commission.
The Commission disagreed with the earlier ruling and found that the services provided by WhatsApp are covered under Indian consumer protection laws.
It said the District Forum should “register Thakur’s complaint and decide on his plea for compensation from WhatsApp.”
This direction by the State Commission has now been challenged in the Allahabad High Court by WhatsApp.
The coram of the State Commission included President Sushil Kumar and Member Sudha Upadhyay. They observed that just because WhatsApp is an international company, it does not mean it cannot be brought under Indian consumer laws.
The commission clearly said:
“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.”
It added:
“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.”
Amitabh Thakur had gone to the State Consumer Commission after the district forum refused to even register his complaint. The district forum had said that because WhatsApp’s services are free and there was no payment involved, Thakur was not a ‘consumer’ under the Consumer Protection Act, 2019.
But the State Commission took a different view. It said WhatsApp offers a service by allowing people to exchange personal information. Because of this, people get attracted to use WhatsApp. This makes WhatsApp a service provider, and therefore, consumer complaints can be filed against it under Indian law.
The Commission directed the district forum to register Thakur’s complaint and decide it within 90 days, as per the Consumer Protection Act, 2019.
Senior Advocate Vivek Reddy, along with Advocates Shashank Mishra and Utkarsh Kumar, represented WhatsApp in the matter. Advocate Nutan Thakur appeared for Amitabh Thakur.
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