DELL INTERNATIONAL SERVICES INDIA PRIVATE LIMITED v. ADEEL FEROZE & ORS. : WhatsApp conversations cannot be read as evidence without there being a proper certificate as mandated under the Evidence Act, 1872.

In a legal dispute involving Dell International Services India Private Limited and Adeel Feroze, where a complaint has been filed againt Dell in 2022, Dell submitted its Written Statement on January 31 of the preceding year. Dell claimed it had not received a complete set of documents along with the summons, supported it with a screenshot of a whatsapp conversation with Feroze.

Dell sought the District Commission’s leniency in accepting the delayed submission. However, in the view of court Dell had received the complete set of documents with the summons, accordingly District Commission declined to excuse the delay.

Justice Subramonium Prasad addressed Dell International Services India Private Limited’s appeal against the Delhi State Consumer Dispute Redressal Commission’s decision upholding the District Commission’s refusal to admit its written statement due to exceeding the limitation period. He observed that when there was nothing to show these conversation had been presented before the state commission.

Further, there is no discussion of the same in the Order of the State Commission. 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 said.

“In view of the above, this Court does not find any reason to hold that the reason given by the District Commission in refusing to condone the delay in filing the written submission is erroneous. Accordingly, the Writ Petition is dismissed,” the court said.

Case name: DELL INTERNATIONAL SERVICES INDIA PRIVATE LIMITED v. ADEEL FEROZE & ORS.

 

 

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