My linkedin account is wrongfully restricted by linkedin

650 votes

You may have a potential remedy before the Consumer Commission, but your status as a “consumer” will depend on the purpose for which the LinkedIn Premium service was availed. Under Section 2(7) of the Consumer Protection Act, 2019, a person hiring a service for consideration is generally a consumer; however, services availed for a commercial purpose may fall outside the definition, subject to the statutory exception. The Supreme Court has held that whether a transaction is for a commercial purpose depends on the facts and the dominant purpose of the transaction. As regards jurisdiction, Section 34(2) permits a consumer complaint before the District Commission where the complainant resides or personally works for gain, where the opposite party carries on business, or where the cause of action wholly or partly arises. Therefore, if you reside/work in Kota, a complaint may ordinarily be maintainable there, subject to the facts and applicable jurisdictional requirements. A consumer complaint is generally required to be filed within two years from the date on which the cause of action arose, subject to condonation of delay for sufficient cause. The actual time taken for disposal, however, can vary considerably depending upon the Commission, pleadings, evidence and complexity of the matter. Since your LinkedIn account is being used for employment/business purposes, the question of “commercial purpose” should be carefully examined before filing. If you require detailed legal consultation and examination of your LinkedIn subscription records, restriction notices and other documents, you may approach us.

Advocate Tarun Bairagi LawRato