The District Consumer Disputes Redressal Commission, Ernakulam, Kerala, led by Shri D.B. Binu (President), Shri V. Ramachandran (Member), and Smt. Sreevidhia T.N. (Member), has authorized the complainant to serve a legal notice via WhatsApp to the opposing party. This decision underscores the Commission’s recognition of electronic means for serving notices, particularly to prevent parties from avoiding legal proceedings by frequently changing their addresses.
In this case, the complainant had ordered a kurta and a dupatta from Zuhriyaa Boutique’s Instagram page and paid Rs. 1,400 through Google Pay. However, the complainant did not receive the items or any further communication from the seller. Attempts to resolve the issue, including visiting the seller’s physical store and contacting customer service, were unsuccessful. Consequently, the complainant filed a complaint with the District Consumer Disputes Redressal Commission in Ernakulam.
The complainant reported that notices sent to the seller’s address were returned, and, unable to obtain an alternative address, sought permission from the Commission to serve the notice via WhatsApp. This request was based on prior judicial decisions recognizing electronic service as valid.
The Commission noted that modern communication methods, including WhatsApp, are increasingly accepted by courts for serving legal notices, especially when traditional methods fail. It cited the case of Dr. Madhav Vishwanath Dawalbhakta v. M/s. Bendale Brothers [2015 SCC OnLine Bom 2652], which validated WhatsApp service as meeting due process requirements. Additionally, the Commission referenced the Supreme Court’s ruling in Re Cognizance for Extension of Limitation [(2020) 9 SCC 468], which permitted electronic service of notices during the COVID-19 pandemic. The Commission also mentioned Monika Rani & Anr. v. State of Haryana & Ors. [2019 SCC OnLine P&H 6843], where WhatsApp service was approved when traditional methods were ineffective.
The Commission highlighted that several courts, including the Bombay High Court, have established rules for serving legal documents electronically, such as through WhatsApp, to streamline legal proceedings. These rules are reflected in regulations like the Bombay High Court Service of Processes by Electronic Mail Service (Civil Proceeding) Rules, 2017, and similar rules by other jurisdictions.
Under Section 65 of the Consumer Protection Act, 2019, which permits electronic service of notices, the Commission recognized the importance of adapting to modern communication methods, particularly when parties may try to evade legal actions by changing addresses.
Given the judicial precedents and the seller’s lack of response to traditional methods, the Commission agreed to the complainant’s request to serve the notice via WhatsApp and other electronic means, such as email. The complainant was instructed to provide proof of service to the Commission within one week to ensure the seller is informed of the proceedings and to avoid unnecessary delays in the case.
Posted and reproduced in Public Interest by
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