In the instant case, the Hon’ble Delhi High Court has held that the WhatsApp Chats are inadmissible evidence in the absence of any proper certification to that effect.
The facts of the present case are that on 19.09.2022, one Mr. Adeel Feroze (“Respondent No. 1”), had filed a Consumer Complaint against the Dell International Services India Private Limited (“Petitioner”) before the Hon’ble District Commission. On 16.11.2022, the Hon’ble District Commission issued summons. The said summons was received by the Petitioner on 23.12.2023. The Petitioner’s contention was that the documents received by it were incomplete. Ultimately, on 31.01.2023, the Petitioner filed its Written Statement on the basis of the documents received by it. As there was delay in filing the said Written Statement, the Petitioner filed an application for condonation of delay of seven (7) days in filing the said Written Statement. Thereafter, vide its order dated 04.07.2023, the Hon’ble District Commission refused to take on record the Written Statement filed by the Petitioner on the ground that the same was filed beyond the statutory time limit. Thereafter, being aggrieved, the Petitioner filed a Revision Petition No. 51 of 2023 before the Hon’ble Delhi State Consumer Dispute Redressal Commission (“State Commission”) and challenged the order dated 04.07.2023 passed by the Hon’ble District Commission. Vide its order dated 12.12.2023, the Hon’ble State Commission upheld the order passed by the Hon’ble District Commission and refused to exercise its revisional jurisdiction. Being aggrieved, the Petitioner approached the Hon’ble Delhi Court.
In the proceedings before the Hon’ble Delhi High Court, the Petitioner attempted to use the WhatsApp chats to demonstrate that the complete set of documents with the summons had not been received by it. The Hon’ble Delhi High Court held that under the Evidence Act, 1872, electronic records such as WhatsApp chats require a certificate under Section 65B to be admissible in the Court. In the instant case, the Petitioner failed to provide the necessary Section 65B certification. Therefore, the Hon’ble Delhi High Court ruled that the WhatsApp chats cannot be considered as valid evidence. The Hon’ble Court further concluded that the Petitioner did not present the said chats before the Hon’ble State Commission and the order passed by the Hon’ble State Commission was also silent as regards the presence of the said WhatsApp Chats. Hence, introducing completely new evidence at a belated stage of the proceedings especially in a Writ Petition, and the same not being a part of the earlier proceedings before the Hon’ble State Commissions and without proper certification, undermines the judicial process and procedural fairness.
Hence, the Hon’ble Delhi High Court dismissed the Writ Petition, upholding the decision of the Hon’ble District Commission and the State Commission.