Due to lockdown and present work from home culture most of the commercial contracts pricing & quote confirmations are taking place through social media platforms especially like Whatsapp, Telegram, Signal etc
But what is the evidential value of such quotes and approvals ?
In SLP(C) No.-008636 / 2021 A2Z INFRASERVICES LTD Vs QUIPPO INFRASTRUCTURE LTD. (NOW KNOWN AS VIOM INFRA VENTURES LTD) The Supreme Court, on Wednesday, July 14, 2021 has said that messages exchanged on social media platform WhatsApp have no evidential value and that the author of such WhatsApp messages cannot be tied to them, especially in business partnerships governed by agreements.
A bench of Chief Justice N V Ramana, Justices A S Bopanna and Hrishikesh Roy said, “What is evidential value of WhatsApp messages these days? Anything can be created and deleted on social media these days. We don’t attach any value to the WhatsApp messages.
When compared to whatsapp messages, e mail confirmations of quotes will be admissible evidence under The Indian Evidence Act, 1872 section 65 B and Information Technology Act 2000. The Information Technology Act 2000 Sec 2(r) defines ”electronic form” as “with reference to information, means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device”
Hence, not only sending e-mails but also with approval mail reply from addressee, will have evidential value when compared to whatsapp messages.
The above referred case is still under trail and the opinion is given in open court as reported in https://timesofindia.indiatimes.com/india/whatsapp-messages-have-no-evidential-value-supreme-court/articleshow/84426237.cms
