Are you the kind who ignores messages and notices received through email or any electronic means? If you get a notice from your bank via Whatsapp, you better not ignore it. There is an interesting case of Rohidas Jadhav, a resident of Nalasopara in Mumbai. Rohidas Jadhav had credit card dues, which had to be repaid to his bank. After an arbitration (court proceeding) in the year 2011, he was ordered to pay back the amount due and also an 8% interest on the dues.
Rohidas Jadhav couldn’t pay back his dues and kept shifting residences to escape the bank and the court proceedings. Constant shifting of residences meant the bank could not serve him the litigation notice. But, SBI Cards had Jadhav’s phone number and sent him a message via Whatsapp, informing him on the next date of hearing. What happened after this… let’s find out.
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Take a look at the court order dated 11th June 2018, delivered by Justice G.S.Patel of the Bombay High Court. The Bombay High Court accepted “service through Whatsapp” as a proper mode of service under the prescriptions of Order V of CPC.
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If a legal notice or a message has been sent via the Whatsapp messaging app, its valid legal evidence under the law. The blue tick over the messaging app is considered valid proof that the respondent (a party against whom the petition is filed), has accepted physical copies of the communication.
An authorized officer of the bank had sent Jadhav a PDF and a message on his mobile number through WhatsApp. Justice Gautam Patel ruled that the icon indicators on whatsapp clearly showed that not only where the message and the attachment delivered to the respondent’s mobile number, they were also opened.
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SBI Cards had filed a case against Rohidas Jadhav who was a resident of Nalasopara, Mumbai, as it wanted to recover credit card dues to the tune of Rs 1.17 Lakh. Jadhav refused to accept any notices from SBI Cards or its legal representatives. Jadhav had to make a repayment of Rs 85,000 in credit card dues in the Year 2010. After arbitration in the year 2011, he was ordered to pay back the borrowed amount with interest.
Jadhav failed to make the payment and the bank then approached the high court in the year 2015. Jadhav ignored the notices and evaded the bank by changing residences. SBI Cards managed to trace Jadhav’s Number and sent him a legal notice via WhatsApp. A record of this message was also kept as proof.
According to law, a person gets a legal notice either in person or through registered post. After the enactment of the IT Act, electronic communications are recognized and serve as evidence in courts. You can be served a legal notice even through email. Be Wise, Get Rich.
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