Consumer court case, notice is required ..?

Querist : Anonymous (Querist) 19 October 2011 This query is : Resolved
Can I file a consumer case with out giving giving the notice u/s 80 of Cpc to the opposite party?

Thanks in advance.

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Devajyoti Barman (Expert) 19 October 2011
Yes, sending of notice before filing complaint ion the consumer forum is not mandatory.

Section 80 cpc applies to the govt. in civil suits.

Sankaranarayanan (Expert) 19 October 2011
yes mr barman view is absolutely correct answer for your query.

Advocate M.Bhadra (Expert) 19 October 2011
Notice is not compulsory before filing a Consumer Case,but it is better to serve a notice to the respondent/Opp.Party claiming compensation ,if he would comply as per notice then you can be able to avoid Court.

M.Sheik Mohammed Ali (Expert) 19 October 2011
yes, i do agree experts query reply

ajay sethi (Expert) 19 October 2011
although notice is not mandatory advisable to send a notice . if Oppposite party does not reply to legal notice it strengthens you case that the facts have not been denied by OP

Sailesh Kumar Shah (Expert) 19 October 2011
No legal requirement to issue notice, however it is advisable to send notice. Section 80 cpc notice for civil suit only.

Guest (Expert) 19 October 2011
I agree with experts

prabhakar singh (Expert) 19 October 2011
No provision of CPC applies in forum cases.
But sending the same is always beneficial.

Shonee Kapoor (Expert) 20 October 2011
I am more in agreement with Ld. Mr. Sethi,

It might save you time and effort.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Querist : Anonymous (Querist) 20 October 2011
Dear All, Thanks you very much for the iformation, from the discussion I understand that sending a notice before filing consumer complaint is better thinng.
But can you please tell me if the oposite party is a private party, under which section i should give a notice?
If the opposite party is Governamanet party, then under which section I should send notice?

Sailesh Kumar Shah (Expert) 26 October 2011
its purely formal legal process. section dosn't require.

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