The Uttar Pradesh State Consumer Commission rules that Indian consumer courts can hear complaints against WhatsApp under the Consumer Protection Act 2019. Learn about the Amitabh Thakur vs WhatsApp case and what it means for digital service users in India.

Introduction: A Landmark Decision in Consumer Rights

In a significant development for digital consumers in India, the Uttar Pradesh State Consumer Disputes Redressal Commission has ruled that WhatsApp can be held accountable under Indian consumer law. This decision emerged from the case of Amitabh Thakur vs WhatsApp, where the court recognized WhatsApp as a service provider operating in India and thus subject to Indian consumer jurisdiction.

Background of the Case: Amitabh Thakur vs WhatsApp

Who Filed the Complaint?

Amitabh Thakur, the National President of the Azad Adhikar Sena and a former Indian Police Service (IPS) officer, filed a consumer complaint after experiencing a six-hour service disruption on WhatsApp. Thakur argued that the outage affected his professional activities and sought compensation for the inconvenience caused.

Initial Rejection by District Consumer Forum

The Lucknow District Consumer Disputes Redressal Commission initially rejected the complaint, stating that WhatsApp was not liable under Indian consumer law, and that users like Thakur were not considered “consumers” of the platform.

UP State Commission’s Verdict: WhatsApp is a Service Provider in India

WhatsApp Subject to Indian Consumer Law

A committee led by State Commission President Sushil Kumar and Member Sudha Upadhyay overturned the district commission’s ruling. They emphasized that:

“WhatsApp is a service provider company. It provides services in India, and thus, cannot be considered a foreign company exempt from Indian consumer laws.”

WhatsApp Users Are Consumers

The commission also clarified that anyone using WhatsApp’s features—especially those involving personal data sharing and communication services—qualifies as a consumer under the Consumer Protection Act, 2019.

Final Order: Complaint Must Be Heard Within 90 Days

The State Commission instructed the district forum to register Amitabh Thakur’s complaint as a valid consumer grievance. It further directed that the case be concluded within 90 days, as stipulated by the Consumer Protection Act.

“The district forum’s earlier decision is set aside. The complaint must now be registered and resolved within the timeframe mandated by law.”

Why This Ruling Matters: A Win for Digital Consumer Rights

This case sets a powerful precedent. It affirms that digital platforms like WhatsApp are not above Indian consumer protection laws, and users experiencing service failures have the right to seek legal recourse and compensation.

Conclusion

The Amitabh Thakur vs WhatsApp ruling is a landmark moment in the digital rights movement in India. It opens doors for millions of Indian users to hold global tech platforms accountable when their services fail.