• Authenticity check of Emails on Yahoo Web site

A dealer purchased some material from our company for its various customers as per different purchase orders. He followed payment schedule as per agreement but after some months he started delaying payment and did not make the payment as per the payment terms and thus a huge payment accumulated. We requested him many times to follow payment terms but he did not follow the payment schedule as a result we had to stop the material supplies to him by giving him notice in writing till he does not clear balance payment as well as amending the agreement regarding his permitted working area. After we had stopped the supply then he purchased some material in cash also. After some months of stopping of supplies without making any payment he filed a suit/case against us saying that quality was very poor and because of this his customers suffered financially and his all made payments be returned while he continued to purchase for 2.75 years and warranty of more than 83% material had already finished and 92% warrantee of first-time supplied material against all purchase orders also had finished. He has shown too many emails after we stopped the supply by giving him notice in writing in the period of 2.75 years while he was purchasing the material plus in next 1 more year after stoppage of supplies to him and when he had filed the suite. Emails being actually written to us were less than 10 % of the total emails being shown as sent. While these 10 % emails were regarding material purchase, supply, installation etc.
After studying and checking these e-mails we found that 80% email which he has shown in this case in the court are fake which were never sent .On our compliant regarding this Court has ask him to bring his Laptop to check out the truth of his claim as well as asked us to file PF to call the Yahoo (These emails are being shown as sent on our Yahoo e-mail id) .We filed PF with list of all emails being shown as sent to us and also indicated those emails which we did not receive. Here I want to know whether Emails can be manipulated on the laptop or computer and can be shown as being sent while actually were not being sent. I want to know further whether the Yahoo is bound to come as per our PF notice being sent to its office as he is using these fake emails to cheat us for big money. And I want to know what the further way is to counter this type of cheating tactics. I also want to know further whether courts in Delhi have some soft content expert which may check authenticity of these emails by finding whether these were actually sent or just being shown as sent through some cheating method. Is court capable of checking authenticity of the emails on opposite party`s laptop if Yahoo personnel does not come to the court and court does not have its own expert and can the ask this opp. Party to check these emails. So, please advise me what is the correct way to counter this cheating technique.
Asked 4 years ago in Civil Law

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5 Answers

The burden to prove the allegations is on the person who claims it.

If you want to prove the authenticity or to claim that the emails sent by him are fake or manipulated then it becomes your duty to prove what you believe.

The court will go by the evidence.

The experts who certify your statement have to appear before court and depose evidence to substantiate your claim with relevant details and their expertise. 

If one do not prove his case properly before court then he may tend to lose his case.

 

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

If a witness is produced before court the the opposite advocate should properly cross examine the witness to nullify the statement whatever he had deposed before court by shooting strong and relevant questions to the witness so that the witness accepts his ill knowledge about the case and the issue before court, thus it depends on =your advocate to prove that the witness is not trustworthy.

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

You can contest his claim on merits before appropriate forum where he files the same against you. 

Prashant Nayak
Advocate, Mumbai
34660 Answers
249 Consultations

Burden of proof is upon plaintiff to prove that alleged emails sent were received by you 

 

2) courts do not have any expert as to determine authenticity of  emails 

 

3) you can examine expert that these emails are fake and never sent 

 

4) yahoo would respond to your queries 

 

5) also file police complaint of cheating against plaintiff under section 420 of IPC 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations

Dealer cannot claim for materials whose warranty has expired 

 

if any materials were defective he ought to ha e complained within period of 15 days or so that goods are defective 

 

you can cross examine the witnesses 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations

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