In a significant ruling, the Uttar Pradesh State Consumer Disputes Redressal Commission has clarified that WhatsApp, by offering its services in India, qualifies as a service provider, and therefore, a consumer complaint against it is maintainable under the Consumer Protection Act.
The order was passed by a bench consisting of Mr. Sushil Kumar (Presiding Member) and Mrs. Sudha Upadhyay (Member), who firmly stated that the foreign status of WhatsApp does not exempt it from being held accountable under Indian consumer laws.
“In reality, WhatsApp's function is to facilitate the exchange of personal information between two individuals. By utilizing this function, WhatsApp attracts its customers, and therefore, its fundamental objective is to attract customers and provide them with services. Thus, WhatsApp is a service provider company. This company also provides services in India, so it cannot be said that it is a foreign company, and a consumer complaint against it is not maintainable.”
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The Commission rejected the findings of the District Consumer Commission, which had earlier ruled that WhatsApp users are not consumers of the platform and thus, a complaint against it cannot be entertained.
“Therefore, the conclusion of the District Consumer Commission that a person using WhatsApp is not a consumer of WhatsApp and that a consumer complaint against WhatsApp is not maintainable is legally incorrect. Hence, the order passed by the District Consumer Commission is liable to be set aside.”
This ruling came while hearing two appeals filed by former IPS officer and current Azad Adhikar Sena National President, Amitabh Thakur. He had challenged the order of the District Consumer Commission, Lucknow, which had dismissed his complaint against WhatsApp.
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Thakur had approached the consumer forum alleging that his WhatsApp service was interrupted for six hours, which violated the platform’s terms of service. In his complaint, he mentioned that the outage disrupted his work, and he sought compensation for the inconvenience caused.
However, the District Forum had rejected his plea, reasoning that WhatsApp is an international entity, and Thakur had not paid any direct charges for the service. Therefore, the forum concluded that he could not be considered a consumer.
Challenging this decision, Thakur filed appeals, arguing that WhatsApp provides essential digital communication services and its users are indeed consumers under Indian law.
The State Commission agreed with Thakur’s arguments and overturned the lower commission's decision. It observed that WhatsApp operates in India, offers services to Indian users, and should therefore be accountable under Indian consumer protection laws.
Importantly, the Commission has now directed the District Consumer Commission to register Thakur’s complaint as a consumer complaint and to conclude the matter regarding compensation within 90 days, in accordance with the Consumer Protection Act.
