Customer Feedback On Social Media Platforms Like 'X' Acceptable Mode Of Registering Complaints Against Service Provider: Telangana HC

Telangana High Court has said that social media complaints cannot be viewed as lacking gravity as opposed to formal written complaints, adding that complaints/customer feedback on social media is a well accepted form of complaint registration and an ostrich stance cannot be adopted to not view such complaints seriously.

Justice Moushumi Bhattacharya in her order said, "The complaints on social media cannot be seen as lacking in gravity as opposed to formal written complaints. Complaints/customer feedback on social media is an accepted mode of registering complaints against a service provider and the petitioner cannot adopt an ostrich policy in today's time on the pretext that social media complaints do not deserve to be treated with seriousness."

The order was passed in a writ petition filed by a railway vendor whose licence to operate a tea-stall at Secunderabad railway station was allegedly cancelled with immediate effect without issuing notice or following due procedure, after acting on a complaint against the petitioner on social media–specifically on Twitter. 

The counsel appearing on behalf of the petitioner referring to the Special Conditions of Contract (SCC)contended that as per the appendix the vendor/licence holder should be given counselling in regards to any short-comings or deficiency, which was not done. That a notice of temporary closure should have been served on the petitioner which too, was not done. Lastly, that all the complaints were made on social media platform 'Twitter' (now known as 'X').

The standing counsel appearing for Railways on the other and contended that multiple warnings or issued to the petitioner and complaints that were lodged against him were serious in nature. Apart from charging more than the prescribed rate for refreshments and serving poor quality of food, the petitioner had also got into an altercation at the railway station which culminated in a serious confrontation.

After perusing the documents filed the court came to a conclusion that the allegations against the petitioner were grave in nature and multiple warnings were issue to the petitioner before issuing the notice of termination on November 7, 202407.11.2024. That the bid document permitted the railway authorities to terminate a licence if more than 5 violations were recorded.

The Bench concluded that the documents on record show an undisputed deficiency in service on part of the petitioner.

In regards to the social media complaints the bench found that they were serious in nature and health could not be looked over.

"The complaints are indeed serious in nature since they not only relate to poor quality of food but also food below the recommended weight and in excess of the prescribed rate," it observed. 

While upholding the termination notice, the bench concluded that the petitioner was only debarred for a period of 1 year and could apply for licence again in the following year.

"The opportunities given to the petitioner to rectify the situation also took care of the requirement of following the principles of natural justice in terms of giving notice of the impugned action," the court said while dismissing the plea. 

Case title: S Mathura Prasad And Sons vs The Union Of India and others

Counsel for petitioner: Aadesh Varma

Counsel for respondent: NVR Rajya Lakshmi

Click Here To Read/Download Order