The district commission’s order had been upheld by the Delhi State Consumer Dispute Redressal Commission in December 2023, leading to the present challenge before the High Court.
Explaining the delay, Dell said that it had not received the entire complaint copy and its annexures in time from the counsel representing the complainant before the district commission. To buttress its claim, it filed a screenshot of a WhatsApp conversation it had with the complainant. However, the Court refused to take into account the screenshot.
“The screen shot 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.”
Source: Barandbench
