WhatsApp has approached the Allahabad High Court against a decision by the Uttar Pradesh State Consumer Disputes Redressal Commission (UPSCDRC), which held that a consumer complaint is maintainable against it. The matter concerns a complaint filed by Amitabh Thakur, a former IPS officer, alleging that his WhatsApp service was disrupted for six hours, affecting his work.

In its petition filed under Article 227 of the Constitution, WhatsApp argues that since it offers its messaging service free of charge, users are not “consumers” under the Consumer Protection Act, 2019. The company claims that the Act only applies to services that are paid for, and excludes services offered without payment. Therefore, no complaint should be allowed against it under the law.

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“It is undisputed that Respondent has not paid any consideration to avail the WhatsApp Service, precluding his claim under the CPA as a matter of law.”

The District Commission had earlier rejected Thakur’s complaint, agreeing with WhatsApp’s stance that no payment was made and hence the complaint is not valid. However, the UPSCDRC reversed this, stating that WhatsApp users can file consumer complaints. It directed the District Commission to register the complaint and resolve it within 90 days.

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WhatsApp, in its plea, argues this direction is an “improper exercise of jurisdiction” and lacks clear reasoning. It also challenges the observation that WhatsApp users are consumers simply because the platform aims to attract users.

“There is no basis in the law to support this conclusion. If accepted, it would mean every platform with the intent to attract users falls under the Consumer Protection Act, even if it offers free services.”

The High Court is expected to hear the matter this week.