Amount acknowledged in phone recording

S.D. Singh (Querist) 27 November 2013 This query is : Resolved
I paid certain sum to a CA for some professional work. He did not issue any receipt. Later on work was not satisfactorily done by him so I withdrew assignment. In a phone taping he admitted to acknnowlege the money and agreed to refund. But the CA is not making the refund . Whether acknowledgement of money without any documentary evidence but in secret phone recording is legal and valid. Whether secret phone recording without consent of other party is crime in any way. Can we use such phone recording as evidence in civil or criminal case.

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Nadeem Qureshi (Expert) 27 November 2013
yes, these recordings are admissible in evidence as per section 65B of indian evidence act

Devajyoti Barman (Expert) 27 November 2013
yes it is admissible in evidence if formally proved.

Raj Kumar Makkad (Expert) 27 November 2013
If duly proved as per Evidence act, then such recording is duly admissible as a reliable evidence.

T. Kalaiselvan, Advocate (Expert) 28 November 2013
The onus of proof lies on the complainant.

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