Case Title: Dell International Services India Private Limited Vs Adeel Feroze & Ors. :Date of Order:July 2, 2024 :Case No.:W.P.(C) 4733/2024 :Citation: 2024 SCC OnLine Del 1234 :Name of Court: High Court of Delhi : Name of Judge: Hon'ble Mr. Justice Subramonium Prasad
Facts: The case emerged from a Consumer Complaint Case No. 113/2022 filed against Dell International Services by Respondent Adeel Feroze. Following the issuance of a summons by the District Commission, which the Petitioner received on December 23, 2022, Dell contended that the documents received were incomplete. On January 31, 2023, the Petitioner submitted its written statement, which was rejected by the District Commission due to the delay in filing. Notably, WhatsApp conversations were presented by the Petitioner, alleging that the complete set of documents was not received.
Legal Issue:The key legal issue was whether the delay in the submission of the written statement could be condoned, and whether the District Commission's reliance on WhatsApp communications as evidence for the alleged incomplete documentation was appropriate?
Reasoning:The High Court scrutinized the findings of the District Commission, which concluded that the complete set of documents had indeed been delivered to the Petitioner along with the summons on December 23, 2022.
The Court found that the claims made through the WhatsApp communications did not suffice as evidence to validate the Petitioner's position.
Furthermore, it emphasized that a valid rationale for the delay had not been presented, as there was clear documentation contradicting the assertion of incomplete delivery. The Court reaffirmed that it respects the decisions made by lower authorities, intervening only if those decisions reflect arbitrariness or jurisdictional errors.
Decision: The High Court dismissed W.P.(C) 4733/2024, along with any pending applications. The Court upheld the District Commission's conclusions regarding the inability of the Petitioner to substantiate the claim of not receiving a complete document set and found no merit in the argument based on WhatsApp evidence.