who can issue legal notice

This query is : Resolved 

28 November 2009

Is it necessary that before filing any case at consumer court a legal notice is required to be filed?

is it essential that legal notice to be sent by an advocate?

what should be the minimum period of waiting after the legal notice before filing the case at consumer court?

adv. rajeev ( rajoo ) (Expert)
28 November 2009

it is not mandatory to issue notice. The purpose of issuing the notice is to claim the cost and to show that compensation is demanded for the negligence in providing service and it is an intimation to the opposite party that complaint is going to be filed.
yes, because if advocate issues the notice it will be called as legal notice otherwise itz just like a letter.
To file a complaint limitation period is 2 years.
From the date of service of notice 2 years limitation period for filing the complaint.

Srinath Kondapally (Expert)
28 November 2009

Notice means:- To brought the subject mtter/knowledge to theanother persons, this may be issued by either an advocate or by party, there is no restriction in this regard,and with regard to issuing prior notice before filing a case is not necessry , except u/S. 80 of CpC to Govt.bodies/authorities/institutions/Govt.organisations:
Generally it will be mentioned in legal notice about the waiting period depending on the respective subject matter, and no mandate is there for this purpose except under the p[rovisio0ns of NI Act.

joyce (Expert)
28 November 2009

notice can be issued by a consumer himself. later if clients wills then legal notice can be issued thru Advocate. legal notice itself meanings issued by advocate under the clients instruction. Issue of notice depends on the type of cases, not all the cases notice are issued. usally legal notice time spicifies within seven days or fifteen days it dependents on the facts.

Sachin Bhatia (Expert)
28 November 2009

1) It is not necessary to send a legal notice before filing any case at consumer court.

2) Notice send by advocate will be called as Legal notice otherwise its just like a letter.

3) The minimum period of waiting should be mention in the legal notice.

Adv Archana (Expert)
28 November 2009

It is not mandatory to give legal notice. However it is good to have evid. of communication and demand made. The written communication made by the client is also sufficient. You can file the complaint after expiry of the period given in the notice, wait for some days and file the complaint. Complaint should be filed within 2 yrs from the date of accrual of cause of action.

Poonam Upadhyay (Expert)
28 November 2009

I agree with the earlier opinions

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