Ranjith Murugesan
in Consumer Law
Asked December 08, 2013

Validity of legal Notice in a Consumer Complaint Case

  • 1 Answer

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 the legal proceedings will be initiated if it does not satisfy the Claimant's demands within a stipulated period. Where is this requirement of a notice stem from, and can this notice be sent by an email or communicated over the phone?

Answer 1

Default avatar
Saumya Kumar
It is advised to send a notice to the seller or service provider before filing the consumer dispute requesting him/her to rectify the defect in the good or the service. This is generally preferred so that to give an opportunity to the seller to rectify his mistake before the Consumer Court looks into the matter and avoid the legal process. Most of the service providers/sellers prefer to settle the matter at this stage as the legal proceeding may result in the Consumer Forums directing the service providers/sellers to pay a large compensation to the consumers. The consumer may send the notice to the seller by email to the official email id of the seller. A telephone call may be used but it must be recorded to present it to the Court to shoe that the consumer had tried to settle the dispute amicably but the seller refused to do so.
Agree Comment 0 Agrees over 5 years ago

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