The HC was hearing a plea by Dell International Services India Private Ltd against a December 12, 2023, order of the Delhi State Consumer Dispute Redressal Commission where the Commission upheld the district consumer commission’s order of July 2023.
The Delhi High Court has recently said that WhatsApp conversations cannot be read as evidence without a proper certificate as mandated under the Evidence Act, 1872.
The HC was hearing a plea by Dell International Services India Private Ltd against a December 12, 2023, order of the Delhi State Consumer Dispute Redressal Commission where the Commission upheld the district consumer commission’s order of July 2023.
The District Commission had refused to take on record the written statement filed by Dell on the ground that the same was filed beyond the period of limitation.
The complainant before the district commission had filed a complaint against Dell in 2022.
Dell had filed a screenshot of a conversation between it and the complainant to demonstrate that the entire copy of the complaint along with all the annexures was not received by Dell and it was handed over to Dell’s counsel before the District Commission only on January 31, 2023.
A single judge bench of Justice Subramonium Prasad in its July 2 order noted that the District Commission “examined the matter in great detail” – and called for postal receipts of the documents which were sent along with the summons that were received by Dell on December 23, 2022.
The HC said the District Commission “analysed the weight of the documents sent along with the summons and the postal charges and came to the conclusion that (a) complete set of documents was sent along with the summons and the same was received by the Petitioner (Dell) on 23.12.2022.”
The District Commission then held that Dell’s application for condonation of delay of seven days in filing its Written Statement to the complaint is “not bona fide”.
Justice Prasad, thereafter, said, “The screenshot of WhatsApp conversations cannot be taken into account by this Court while dealing with a Writ Petition under Article 226 of the Constitution of India, more so, when there is nothing to show that the conversations were produced before the State Commission as this Court does not find any reference of the same in the present Writ Petition. 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.”
It further said that Dell filed its Written Statement only on January 31 last year and raised a plea that it had not received a complete set of documents along with the summons when, in fact, a complete set of documents was served to it along with the summons.
“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 HC said.