Hriday Shah
On 2nd July, 2024, the single judge bench observed that certification of WhatsApp conversations is mandatory under the Indian Evidence Act, 1872.
The Respondent No. 1 i.e. Adeel Feroze had filed a complaint in the District Consumer Dispute Redressal Commission but the Commission refused to condone delay of the late filing of the Written Statement by the Petitioners i.e. Dell. The petitioners then challenged the same in the State Consumer Dispute Redressal Commission and filed screenshots of WhatsApp conversations between the Petitioner and Respondent No. 1 and allowed the condonation of delay. Hence, the Petitioners filed a Writ Petition before the Delhi High Court to challenge the actions of the Commission. The Petitioners stated that there had been a contravention of the rule of Natural Justice in exercise of powers of jurisdiction by the Commission.
Justice Subramonium Prasad stated “In any event, the Whatsapp conversations cannot be read as evidence without there being a proper certificate as mandated under the Evidence Act, 1872.” The Court then reproduced Section 38(2)(a) of the Consumer Protection Act, 2019and held that they did not find any reason to hold the reason of the District Commission refusing condonation of delay in filing the Written Statement is erroneous and hence, dismissed the petition.
Case Name: Dell International Services Private Limited v. Adeel Feroze & Ors.
Diary Number: W.P.(C) 4733/2024
Bench: Justice Subramonium Prasad