Serving of letter
arijit
(Querist) 11 May 2012
This query is : Resolved
Dear Experts,
A Company has served a letter by speed post to a party regarding non-payment of dues.
The party has not receipted the letter; instead they have re-send the same letter to the Company ityself.
Now, my question is whether serving of official letter and its non-receipt of the same is deeded to have been served to the party itself?
Can we take any legal action for the non-receipt of the letter by the party?
Regards
Arijit
ajay sethi
(Expert) 11 May 2012
what is endorsement made on acknowledegemnt card?
Anirudh
(Expert) 11 May 2012
Since the party has the knowledge about the letter, and has re-sent the letter to the sender, it would amount to refusal to accept. It will also amount to sufficient 'service of the letter' to the addressee. The party will be presumed to be having knowledge about the contents of the letter - otherwise it would not have sent it back.
arijit
(Querist) 11 May 2012
Sir,
It was been send through a private courier by the Company. When we are looking at the tracking system of that private courier through their website, at the first instance of Company sending the letter to the party - it is written "RETURNED TO THE ORIGIN".
Further, a copy of the said letter was sent to them in their branch office, which they refused to take.
Anirudh
(Expert) 11 May 2012
If you give half information, you will naturally get only that answer which will meet with the half information.
If you give information in bits and pieces, the result will be the same.
Unless you have in your hands the envelope, which indicates 're-sent the letter to the sender', it cannot be said that the letter was served on the addressee.
Shonee Kapoor
(Expert) 11 May 2012
First you said, it is by speed post then you said by private courier.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
