WhatsApp moves Allahabad High Court against ruling that said it can be sued in Indian consumer courts

US-based Instant Messaging platform, WhatsApp, has moved a plea before the Allahabad High Court against a consumer court ruling which had held that consumer complaints filed against the platform can be entertained by consumer courts in India. .In February this year, the Uttar Pradesh State Consumer Disputes Redressal Commission held that since WhatsApp offers services to users in India, a consumer complaint against the platform can be entertained by consumer courts in the country.The State Commission made this observation while overturning a District Consumer Forum’s dismissal of a complaint against WhatsApp over a disruption of services that allegedly went on for about six hours and affected the complainant's work. The District Forum had dismissed this complaint as not maintainable. On appeal, the State Commission directed the District Forum to register the case and hear it on merits.However, these consumer complaint proceedings have now been stayed until further orders by the High Court, after WhatsApp filed an appeal before it against the State Consumer Commission's order. Justice Pankaj Bhatia passed the interim order on May 26. The case will be heard next in July. The customer on whose complaint the consumer fora proceedings were initiated has also been asked to file his response. .The matter is tied to consumer complaints filed by former IPS officer and current Azad Adhikar Sena National President, Amitabh Thakur.Thakur sought compensation from WhatsApp after his work was disrupted, allegedly because WhatsApp's services were down for six hours.He first approached a Lucknow District Consumer Court for relied, which refused to entertain his complaint on the ground that it was not maintainable. It reasoned that WhatsApp was an international entity and that since Thakur had not paid any consideration to use WhatsApp's services, his consumer complaint was not maintainable. Thakur challenged this ruling before the State Consumer Court, which observed that WhatsApp was a service provider, making it subject to consumer law in India.It had proceeded to order the District Consumer Forum to register Thakur's complaint and decide on his plea for compensation from WhatsApp.This ruling has been challenged by WhatsApp before the High Court. .Senior Advocate Vivek Reddy along with Advocates Shashank Mishra and Utkarsh Kumar appeared for WhatsApp.Advocate Nutan Thakur appeared for Thakur..[Read Order]