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Ashish (Engineer)     21 December 2011

Electronic evidence -hidden or otherwise

I was searching this forum regarding the legal status of proof gathering using hidden/mobilephone cameras by individuals but couldn't conclude expert's advice.
Actually i have been cheated by a holidaying firm by making some promises which they later failed to deliver in written. I visited their sales-office, they always say i will get the papers but i feel i won't since now its already over 4 months.
    Now if i am able to get their salesperson repeating the promises (which they are not delivering in written) at their office premises using some hidden camera, what will be the legal implications on this? The evidence is to be gathered at their office without their permission (of course, else they will never allow it or repeat the commitments). I always assume that their office is not a private place especially since it is located in a mall (which is a public place, of course with certain exceptions) and they are calling their customers at this place and simultaneously many customers are being entertained there. Will it amount to a breach of law in any form or am I as an individual customer/complainant legally safeguarded in doing so? i then first plan to approach a Consumer Court with this evidence.

Your valued opinions are highly appreciated.



 3 Replies

cyberlawyer (barrister)     21 December 2011

I dont think that will be entertained in consumer court. Instead you can get in touch with the people who come there and get cheated and file a batch petition to punish these rogues....


1 Like

Ashish (Engineer)     22 December 2011

thank you javid sir

     can you please clarify that whether such a evidence gathering exercise (audio/video evidence) without the permission/knowledge of the concerned party is within permissible laws or am I voilating some law in doing so?



Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 December 2011

Yes, it is legal, how you collected evidence is immaterial.





Shonee Kapoor

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