WhatsApp accountable in India: Consumer court can hear complaints, rules state commission

In a significant ruling with implications for digital service providers, the Uttar Pradesh State Consumer Disputes Redressal Commission has asserted that WhatsApp is accountable to consumer courts in India for its services. The commission overturned a lower district forum's decision that had dismissed a consumer complaint against the messaging platform as not maintainable, according to a report by Bar and Bench.

The state commission, presided over by President Sushil Kumar and Member Sudha Upadhyay, stated that "WhatsApp is a service provider company" and its provision of services within India means it "cannot be said that this company is a foreign company and the consumer complaint against it is not maintainable." The ruling directly contradicts the district commission's view that WhatsApp users are not consumers of the platform.

The order came while the state commission was hearing appeals filed by Amitabh Thakur, a former IPS officer and National President of the Azad Adhikar Sena. Thakur had initially filed a consumer complaint seeking compensation from WhatsApp after its services allegedly faced a six-hour disruption, impacting his work. The Lucknow District Consumer Disputes Redressal Commission had refused to admit his complaint, arguing that WhatsApp was an international entity and that Thakur had not paid directly for its services.

However, the state commission strongly disagreed, emphasizing that WhatsApp's core function of enabling users to exchange personal information is a service that attracts customers. This, the commission held, firmly establishes WhatsApp as a service provider subject to Indian consumer law.

Consequently, the state commission set aside the district forum's order and directed it to register Thakur's complaint. The lower forum has been instructed to decide on his plea for compensation from WhatsApp within 90 days, adhering to the timelines stipulated under the Consumer Protection Act, 2019.

"The decision and order passed by the District Consumer Commission is set aside and the District Consumer Commission is expected to register the complaint presented by the complainant as a consumer complaint and ensure its conclusion regarding compensation within the period of 90 days given in the Consumer Protection Act," the state commission's ruling stated.

This ruling could pave the way for more consumer complaints against online platforms operating in India, even if their primary base is overseas or their services are offered without direct monetary charges. It underscores the growing recognition of user rights in the digital sphere and holds service providers accountable for disruptions and deficiencies in their services within the Indian jurisdiction.