WhatsApp moves Allahabad HC against ruling allowing consumer complaints in India
The development stems from a complaint filed by former IPS officer and Azad Adhikar Sena National President Amitabh Thakur, who alleged that a six-hour disruption of WhatsApp services had impacted his professional work.
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US-based instant messaging giant WhatsApp has approached the Allahabad Court against a ruling by the Uttar Pradesh State Consumer Disputes Redressal Commission, which had held that consumer complaints against the platform can be entertained by Indian consumer courts, reports Bar & Bench. The High Court has now stayed the proceedings until further orders.
The legal dispute began when former IPS officer and Azad Adhikar Sena National President, Amitabh Thaku, filed a consumer complaint alleging that a six-hour disruption in WhatsApp services had hampered his work, for which he sought compensation.
Thakur initially approached the District Consumer Forum in Lucknow, which dismissed the complaint as not maintainable. The forum held that WhatsApp is an international platform and since Thakur had not paid for its services, he could not be classified as a consumer under Indian law, the report added.
Challenging this decision, Thakur moved the State Consumer Commission, which ruled in February that since WhatsApp provides services to Indian users, consumer courts in the country do have jurisdiction. It overturned the district forum’s dismissal and directed that the complaint be registered and heard on its merits.
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WhatsApp, however, contested this ruling and filed a plea before the Allahabad High Court, arguing against the applicability of Indian consumer protection laws to its services.
On May 26, Justice Pankaj Bhatia passed an interim order staying the ongoing consumer forum proceedings. The case is expected to be heard again in July, and the complainant, Thakur, has been asked to file his response, the report added.
