Delhi

East Delhi

CC/106/2023

PRIYANSHA MISHRA - Complainant(s)

Versus

INSTAGRAM - Opp.Party(s)

12 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110092

 

C.C. No. 106/2023

 

	Priyansha Mishra (Complete address of complainant not mentioned on the file)	..…Complainant
Versus
	Instagram Gurugram Office	……OP

 

Date of Institution: 15.03.2023

Judgment Reserved on: 12.05.2023

Judgment Passed on: 12.05.2023

                       

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Ms. Rashmi Bansal (Member)

 

Order By: Sh. S.S. Malhotra (President)

 

ORDER

 

The Complainant has filed the present complaint against the OP namely Instagram. On query as to what is the constitution of the OP so that notice be sent to and also as to whether the OP is natural person or jurisitic person, the complainant submits that he is not aware of any such fact.

On further query raised by this Commission as to whether the complainant is a consumer of Instagram for consideration or whether she has paid any consideration to the OP for getting herself registered on the OP’^s platform, she submits that she has not paid any consideration to Instagram ever. However it is submitted that the OP was service provider for her. The Consumer Protection Act 2019 does not make any person a ‘Consumer’ by mere fact that the OP is a service provider, rather it defines the consumer under Section 2(7) of the Consumer Protection Act 2019.

The Section 2 of the Consumer defines consumer as follows:-

7) "consumer" means any person who-

(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose, or.........

 

7) (ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose. 

 

Since the complainant has not obtained any services from the OP for consideration, she does not become ‘Consumer’ under Consumer Protection Act 2019 and therefore the complaint of the complainant is not maintainable before the Consumer Commission. The complaint is therefore rejected forthwith.

File be consigned to record room.