Mr. Alok, a resident of Janakpuri, recently found himself in a difficult situation. He had enrolled in an expensive online digital marketing course offered by a company named ‘SkillUp Tech Solutions’. The company’s website made several grand promises about live classes, one-on-one mentorship, and guaranteed job placements. However, after paying the full fee, Mr. Alok discovered that the course consisted only of pre-recorded videos, and the promised support was non-existent. Feeling cheated, he filed a complaint against SkillUp Tech Solutions in the District Consumer Disputes Redressal Commission. Since he is representing his case himself without a lawyer, he is now unsure about the correct legal procedure to present his digital evidence, which includes screenshots of the company’s website and files he saved on his personal cloud drive.

Advice in such cases

Presenting digital evidence in any court, including a Consumer Commission, requires adherence to specific legal procedures to ensure its admissibility. Simply showing a screenshot on your phone is not sufficient. The evidence must be presented in a verifiable and authenticated manner. The primary goal is to prove to the court that the electronic record is genuine and has not been tampered with. Failing to follow the correct procedure can lead to your crucial evidence being rejected by the Commission, weakening your entire case.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Organize your evidence systematically. Create a folder for all screenshots, emails, and digital documents.
• Ensure the printouts of the screenshots are clear and legible. If possible, include the date and time the screenshot was taken.
• Prepare an affidavit to accompany the evidence, stating that the contents are true and correct to your knowledge.

Applicable Sections of Law

Consumer disputes are primarily governed by the Consumer Protection Act, 2019. This Act lays down the procedure for filing complaints and the powers of the Consumer Commissions. When it comes to evidence, especially electronic evidence, the provisions of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) are applicable.

• Consumer Protection Act, 2019: This is the main legislation that protects the rights of consumers. Sections 35 and 38 outline the manner of making a complaint and the procedure on admission of the complaint, which includes the submission of evidence.
• Bharatiya Sakshya Adhiniyam, 2023 (BSA): Section 63 of the BSA is critical for the admissibility of electronic records. It requires a certificate to be produced along with the computer output (like a printout of a screenshot). This certificate authenticates the electronic record and the device from which it was generated.

It is important to note that the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) are criminal codes and do not apply to consumer complaint cases, which are civil in nature.

If you are the complainant

As the complainant, the burden of proof is on you to establish your case. Follow these steps carefully:

• Collate all digital evidence, including website screenshots, emails, chat conversations, and payment receipts.
• Take clear, legible printouts of all this evidence. It is advisable to print them in color if necessary.
• Prepare an affidavit where you declare that these printouts are true copies of the original electronic records stored on your device.
• Draft a certificate as required under Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023. This certificate must state that the computer/device from which the printout was generated was functioning properly and that the information is a true reproduction.
• File these documents along with a list of evidence before the Consumer Commission.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the victim of an unfair trade practice or deficiency in service, your priority is to preserve the evidence in its original form and present it correctly.

• Do not delete the original files from your computer, phone, or cloud storage. The original source of the evidence is crucial.
• When taking screenshots, try to capture the entire screen, including the URL of the website and the date and time visible on your device’s taskbar.
• Maintain a log detailing when and how you obtained each piece of digital evidence.
• Follow the procedure of submitting printouts along with an affidavit and the Section 63 BSA certificate.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

In consumer disputes, the police have no jurisdiction or role. These are not criminal matters but civil wrongs related to goods and services. You do not need to approach the police or file an FIR. The entire proceeding is handled by the quasi-judicial bodies established under the Consumer Protection Act, namely the District Commissions, State Commissions, and the National Commission. The police would only get involved if the case involves a distinct criminal offence like forgery or criminal fraud, which would be a separate proceeding from the consumer complaint.

FAQs people normally have

• Can I just submit a pen drive with the files?
  It is not advisable. The standard procedure is to submit physical printouts accompanied by an affidavit and the required certificate under the BSA. The commission may direct you to submit data on a pen drive or CD at a later stage, but the initial submission should be in hard copy.
• What if the company changes its website after I file the case?
  This is precisely why taking dated screenshots is crucial. Your screenshots act as a record of the website’s content at a specific point in time. Submitting them as evidence preserves that record for the court.
• Is the certificate under Section 63 of BSA complicated?
  The certificate has specific requirements but is not overly complicated. It requires you to identify the electronic record, describe the manner of its production, and provide particulars of the device involved. A lawyer can draft this for you easily.

What evidence is required?

For a case involving a deficient online course, the following evidence is critical:

• Printouts of the company’s website pages and advertisements that made the promises.
• The receipt or bank statement showing your payment for the course.
• Email or chat communication between you and the company’s representatives.
• Printouts of screenshots from your cloud drive or computer showing the actual course material provided.
• An affidavit affirming the authenticity of all the submitted documents.
• A certificate under Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023, for all the electronic evidence.

How long will the investigation take?

In the context of a consumer court, the term used is ‘adjudication’ rather than ‘investigation’. The Consumer Protection Act, 2019, mandates an expeditious disposal of cases. The Act aims for a decision within three months from the date of receipt of notice by the opposite party, and within five months if the case requires product analysis or testing. However, due to the high volume of cases, proceedings can sometimes take longer. Proper and timely submission of well-organized evidence can help in speeding up the process.

Advocate Sudhir Rao, Supreme Court of India