Service Of Legal Notice Through WhatsApp, Other Electronic Means Recognized Under Consumer Protection Act: Ernakulam District Commission

Brief Facts:

The Complainant ordered a kurta and a dupatta from Zuhriyaa Boutique's (“Seller”) Instagram page. After paying Rs. 1,400/- via Google Pay, the Complainant received no further communication and did not receive the ordered items. Efforts to resolve the issue, including visiting the Seller's physical outlet and contacting customer care, were unsuccessful. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Ernakulam, Kerala (“District Commission”).

The Complainant submitted that notices were sent to the Seller's address. However, those notices were returned. Due to the absence of an alternative address, the Complainant sought permission from the District Commission to serve notice via WhatsApp, citing the recognition of this method in previous judicial decisions as a valid form of service.

Observations by the Commission:

The District Commission observed that modern communication methods, including WhatsApp, have been increasingly recognized by various courts as valid means for serving legal notices, particularly when traditional methods fail. The District Commission referenced the decision in Dr Madhav Vishwanath Dawalbhakta v. M/s. Bendale Brothers [2015 SCC OnLine Bom 2652], where it was held that service via WhatsApp, among other electronic means, is valid, as it should not be merely a procedural formality but should fulfil the fundamental purpose of due process.

The District Commission also cited the Supreme Court's decision in Re Cognizance for Extension of Limitation [(2020) 9 SCC 468], which allowed legal notices to be served through electronic means during the COVID-19 pandemic, acknowledging the necessity of adapting to modern communication methods for timely and effective service. Similarly, the District Commission referred to Monika Rani & Anr. v. State of Haryana & Ors. [2019 SCC OnLine P&H 6843], where the Punjab and Haryana High Court permitted service via WhatsApp when traditional methods were unsuccessful.

Further, the District Commission noted that several courts, including the Bombay High Court, had introduced rules for the service of legal documents through electronic means, including WhatsApp, to expedite legal processes. These developments were affirmed by the introduction of rules such as the Bombay High Court Service of Processes by Electronic Mail Service (Civil Proceeding) Rules, 2017, and similar regulations by the Karnataka High Court and other jurisdictions.

The District Commission highlighted Section 65 of the Consumer Protection Act, 2019, which allows for the service of notices through electronic means, reflecting the Act's adaptation to modern communication methods. It was held that this provision is particularly important in cases where parties attempt to evade legal proceedings by frequently changing their addresses.

Given the judicial precedents and the Seller's unresponsiveness to traditional service methods, the District Commission found it appropriate to allow the Complainant's application for serving notice via WhatsApp. The District Commission recognized the Complainant's consistent efforts to serve notice through conventional means and acknowledged that these efforts were thwarted by the Seller's possible evasion.

The District Commission ordered that the Complainant be permitted to serve notice on the respondent through WhatsApp and any other available electronic means, such as email. The Complainant was directed to submit proof of such service to the District Commission within one week to ensure that the Seller is duly informed of the proceedings and to prevent any undue delay in the case.

Case Title: Aleena Nelson vs Amjomol Jose

Case No.: I.A. 977/2024 INC.C. 984/2023

Advocate for the Complainant: Adv. Anjali Anil

Advocate for the Respondent: None

Date of Pronouncement: 24^th August 2024

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