Oral Agreement, Video records, Other Evidence & Refund
Querist :
Anonymous
(Querist) 04 July 2011
This query is : Resolved
An oral agreement to sell/purchase a house was done without presence of any witness. 30% of consideration money paid by bearer cheque (certified copy of the incashed cheque is available). After two months seller refused to sell and assured to refund. In two and half years he refunded only 25% of total paid money. After that he denied any oral agreement and cheque incashed by him and refused to refund. Details of refunded money written on a plain paper with dates signatures of both. An audio video recording by mini electronic camera / spying device (data stored on inbuilt memory and micro SD memory card) is available in which he accepting dues and assuring refund. A witness is also available in whose presence he assured to refund.
In these circumstances -
A. Are these facts/evidences sufficient before a court to order for refund?
B. What is the legal status of above type of oral agreement? Which type of circumstantial facts required for admissibility and proof of the oral agreement?
C. Is the audio video recording by mini electronic camera / spying device admissible and effective as an evidence and which sections of 'Evidence Act' and/or 'Information Technology Act' are applicable in this case? Actually I am confuse about applicability of the recording by reading these some sections of 'IT Act' and 'Evidence act' as follows-
'IT ACT' -
SECTION 1(4) - Nothing in this Act apply to documents or transactions specified in the first schedule.
THE FIRST SCHEDULE (5) - Any contract for the sale or conveyance of immovable property or any interest in such property.
SECTION 4. LEGAL RECOGNITION OF ELECTRONIC RECORDS- Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding any thing contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is- (a) rendered or made available in an electronic form; and (b)...
SECTION 10 A. VAILIDITY OF CONTRACTS FORMED THROUGH ELECTRONIC MEANS- Where in a contract formation, the communication of proposals, the acceptance of proposals, the revocation of proposals and acceptance, as the case may be, are expressed in electronic form or by means of an electronic record, such contract shall not be deemed to be unenforceable solely on the ground that such electronic form or means was used for that purpose.
'EVIDENCE ACT' -
SECTION 65 B. ADMISSIBILITY OF ELECTRONIC RECORDS- (1) Notwithstanding any thing contained in this act, and information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein or which direct evidence would be admissible. (2)....
SECTION 91. EVIDENCE OF TERMS OF CONTRACTS, GRANTS AND OTHER DISPOSITIONS OF PROPERTY REDUCED TO FORM OF DOCUMENT- When the terms of a contract, or of a grant, or of any other disposition of property have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions herein before contained.
SECTION 92. EXCLUSION OF EVIDENCE OF ORAL AGREEMENT- When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document have been proved according to the last section, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of contradicting, varying adding to, or subtracting from, its term. Proviso 1,2,...
Please clarify the status and applicability of video recording in this case. One another thing I think, however video recording is not a document of agreement in itself but it may be treat as a proof / evidence of the oral agreement. Am I right?
D. Which procedure is better in this case- directly go to court or FIR in police station.
Ravikant Soni
(Expert) 04 July 2011
Please clarify the status and applicability of video recording in this case. One another thing I think, however video recording is not a document of agreement in itself but it may be treat as a proof / evidence of the oral agreement. Am I right?
yes you r right.
D. Which procedure is better in this case- directly go to court or FIR in police station.
Either you can file complaint or lodge fIR.
