In a significant ruling, the Uttar Pradesh State Consumer Disputes Redressal Commission has declared that consumer complaints against WhatsApp are maintainable in India, even though it is a foreign entity. The ruling came as the Commission overturned a decision by the District Consumer Commission, which had previously found that WhatsApp users are not consumers and that a complaint against the company was not admissible.
Background of the Case
The appeal was brought forward by Amitabh Thakur, a former IPS officer and National President of Azad Adhikar Sena, following a dismissal of his complaint by the District Commission in Lucknow. Thakur’s complaint stemmed from an alleged six-hour interruption in his WhatsApp service, which he claimed disrupted his work and violated the terms of service.
Commission’s Observations
The State Commission, led by Presiding Member Mr. Sushil Kumar and Member Mrs. Sudha Upadhyay, issued a three-page order refuting the District Commission’s findings. It emphasized that WhatsApp indeed provides services to its users in India, categorizing the company as a service provider under the Consumer Protection Act.
“WhatsApp’s primary function is the exchange of personal information between two individuals. By engaging in this activity, WhatsApp serves its customers, making it undeniably a service provider in India,” stated the Commission.
The ruling further clarified, “The District Consumer Commission’s conclusion that a WhatsApp user is not a consumer and that a consumer complaint against WhatsApp is not maintainable is legally incorrect.”
Directive to the District Commission
The State Commission not only set aside the earlier order by the District Consumer Commission but also directed it to register Thakur’s complaint as a consumer complaint. It mandated that the conclusion regarding compensation for the complainant should be made within the 90-day period specified under the Consumer Protection Act.
