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Home Can WhatsApp Be Sued in India? UP Consumer Court Says Yes
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Can WhatsApp Be Sued in India? UP Consumer Court Says Yes

Team EntertainerBy Team EntertainerApril 17, 2025Updated:April 20, 2025No Comments3 Mins Read
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Can WhatsApp Be Sued in India? UP Consumer Court Says Yes
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The Uttar Pradesh State Client Dispute Redressal Fee has held that WhatsApp clients can file complaints in shopper courts towards the platform, in response to a LiveLaw report. This comes as a part of a shopper grievance towards the platform for a six-hour service disruption, which the complainant, Amitabh Thakur, mentioned had disrupted his work. 

The district-level Client Dispute Redressal Fee in Lucknow, which first heard Thakur’s grievance, had rejected it, stating that WhatsApp is a global firm and that Thakur didn’t pay to entry its companies. As such, it dismissed Thakur’s grievance. Nevertheless, the state-level fee held that WhatsApp supplies a ‘service’ to its customers in India, which makes Thakur’s grievance admissible. The fee has directed the district fee to register the grievance and attain a conclusion inside 90 days. 

Notably, WhatsApp, as a part of its disclaimers, notes that it doesn’t assure that its companies will function with none disruptions, delays, or imperfections.

High quality of service calls for towards WhatsApp: 

Whereas Thakur filed his grievance as a buyer, the demand that communication platforms meet high quality of service necessities is nothing new. Telecom corporations in India, together with Airtel, Reliance Jio, and Vodafone Concept, have lengthy argued that the federal government must convey over-the-top (OTT) communication companies (similar to WhatsApp and Telegram) underneath a licensing regime. They recommend this regime ought to have necessities just like these telecom corporations at the moment take care of, together with high quality of service requirements.

Telecom corporations have claimed that communication platforms present the identical companies and, as such, the identical guidelines ought to apply to each. Whereas one would possibly argue that the service high quality of platforms like WhatsApp depends upon web high quality, and therefore on telecom networks’ high quality of service, telcos differentiate between network-level high quality and repair high quality. In response to a TRAI session in 2023, Reliance Jio talked about that platforms management the standard of service for calls, message supply, and video high quality. It prompt that the telecom regulator ought to require common high quality of service compliance audits for communication platforms and impose monetary disincentives for non-compliance. 

The truth that clients can now file complaints towards WhatsApp for service disruptions might strengthen telecom corporations’ calls for for high quality of service necessities for communication platforms.

Can platforms even guarantee high quality of service?

As MediaNama identified in its 2023 submission to TRAI, on-line companies are topic to a spread of situations, together with peering and interconnection agreements, and undersea cable stability. As such, they don’t have full management over their service high quality. Furthermore, the requirement of guaranteeing secure service high quality is critical for on-line service suppliers to take care of their consumer base. For instance, if a platform like WhatsApp experiences frequent long-term service disruptions, customers will transfer on to one of many many various platforms like Telegram or Sign. As such, the platform would by itself take the mandatory precautions to forestall service points.

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Observe: The headline was edited for readability primarily based on editorial inputs on 18/04/2025 at 10:12 am.

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