Karan
in Tax and Accounting Law
Asked June 14, 2013

methods of sending valid notice

  • 4 Answers
  • 248 Views

Before one files a consumer complaint at a District Forum, many lawyers suggest that the opposite party must be sent a legal notice by registered post. This notice must inform the opposite party that legal proceedings will be initiated if it does not satisfy the Claimant's demands within a stipulated period. My question is, where this requirement of a notice stem from, and can this notice be sent by email/communicated over the phone?

Answers 4

Default avatar
Swarnendu

Hi,

   In consumer cases, lawyers advise people to send a legal notice before filing a case before appropriate forums. It is not a mandate , but just a legal practise to strengthen your case before the court and also , if the other party replies to your legal notice and complies with your requirement as per the notice, then it will avoid litigation , which is a cumbersome process. Requirement of a notice,under Section 80 of the Code of Civil Procedure,1908 applies to civil suits against the government. So, it is a legal process which is advised by the lawyers as an option of the last resort before entering into litigation.

              No, it cannot be sent via emails or communicated over phone. Registered post is mandatory requirement under the court rules and Code of Civil Procedure,1908. The simple wordings of section 80 implies it.

                      I hope this suffices.

Agree Comment 0 Agrees about 4 years ago

Default avatar
Aishwarya Dhakarey

S. 28A(2) of  The Consumer Protection Act, 1986 says that, “The service of notices may be made by delivering or transmitting a copy thereof by registered post acknowledgment due addressed to opposite party against whom complaint is made or to the complainant by speed post or by such courier service as are approved by the District Forum, the State Commission or the National Commission, as the case may be, or by any other means of transmission of documents (including  FAX message).” The requirement stems from a natural justice principle of ‘Audi alteram partem’ giving a fair chance to both the parties to respond. The notice can be sent by an email attaching the documents but it can’t be communicated over the phone as the transmission of documents won’t take place. Subsequently, the District forum needs to receive an acknowledgment duly signed by the opposite party.

Agree Comment 0 Agrees over 3 years ago


Default avatar
Rutumbhara

Hello Hitesh. How are you doing? According to Section 28A (2) of Consumer Protection Act 1986 “The service of notices may be made by delivering or transmitting a copy thereof by registered post acknowledgment due addressed to opposite party against whom complaint is made or to the complainant by speed post or by such courier service as are approved by the District Forum, the State Commission or the National. Commission, as the case may be, or by any other means of transmission of documents (including FAX message)” Email or telephonic conversations cannot be used for serving of such notice. All the notices to be served to the opposite party have to be served to the pace where he carries his place of business. That will be the most recognized legal notice. You may consult a lawyer in this regard. You can call me at 09555 507 507 or send me a mail at info@lawkonect.com

Agree Comment 0 Agrees over 3 years ago

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