Regarding issue of a legal notice.
Dinesh
(Querist) 25 August 2015
This query is : Resolved
Dear Experts,
Would like to know if a common man can send a legal notice to a person who has not performed his part of the contract.
We had bought furniture from a manufacturer and it turned out to be defective. Even after persistent follow up he has not showed up. He charged us a bomb for the furniture he made which broke in 2 months from the date of purchase.
Can we, on our own write a legal notice and send it to him via registered ad for deficiency of service and cheating and if he does not respond then file a case against him at the district consumer forum or only a lawyer can send a lagal notice?
Thanks to you all in advance for spending your valuable time for answering my query.
Anirudh
(Expert) 26 August 2015
Yes, You can send a notice yourself. But, you have to be very clear while writing the notice. It is not a must that a notice should be sent only through a lawyer.
Anirudh
(Expert) 26 August 2015
Dear Dr. Vashista,
It is not clear what you want to say.
Do you mean to say that the Querist should be a legal person to put a query in LCI?
M/s. Y-not legal services
(Expert) 26 August 2015
i am agree with mr.anirudh..
legal notice can be issued as in person. there is no mandatory to be sent by lawyers only..
R.K Nanda
(Expert) 26 August 2015
u can send legal notice but better take help of lawyer.
R.K Nanda
(Expert) 26 August 2015
Dr. Vashista,
what do you mean by non-legal members? clarify ? give one example.
Rajendra K Goyal
(Expert) 26 August 2015
You can send notice by registered post.
Rajendra K Goyal
(Expert) 26 August 2015
Expert Dr J C Vashista sir,
Sorry, Could not understand the reason of your resentment / meaning of your post.
K.S.Srinivas
(Expert) 26 August 2015
There is no bar to send a notice by yourself. However, the notice should be drafted in a clear terms. Hence, it is advised to consult a legal practitioner for effective drafting.
Advocate Ravinder
(Expert) 27 August 2015
Yes, the party can issue legal notice. The consumer court is meant for the welfare of the consumers. But the party has to attend on every hearing. Advocates are not necessary. The parties are voluntarily engaging the Advocates for their convenience.
In my opinion, it is better to engage an Advocate. Because there are many technical aspects and procedures in the law. A lay person cannot understand the same. If you appoint an Advocate, he will see that you get maximum compensation/damages for the deficiency he faced in the service/goods.
Biswanath Roy
(Expert) 31 August 2015
Regarding the query of the Author,-Iam sorry to say that I differ with the views of my learned friends LEGAL NOTICE CAN BE ISSUED BY A LAWYER ONLY, because legal notice is a constructive notice and such notice arising by presumption of law from the existence of facts and circumstances that a party had a duty to take notice of, such as a registered deed or a pending law suit; It is a notice presumed by law to have been acquired by a person and thus imputed to that person.
In view of the above how a non legal person can issue legal notice? Hence, I REQUEST TO ALL OF YOU TO THROW SOME LIGHT IN THIS REGARD TO ENABLE ME TO LEARN SOMETHING FROM YOU.
Advocate Ravinder
(Expert) 31 August 2015
Consumer court procedure is very liberal in Telangana. (1)At the time of filing a complaint, no need to file original documents, Only xerox copies can be filed (2) At the time of trial there is no need of presence of complainant, the counsel himself can mark the documents (3) even the xerox copies can be marked.
Sometimes, the opposite party may react to the notice issued by the complainant himself and the matter may be settled amicably. If the opposite party has not responded, then the counsel may send another legal notice to the opposite party on behalf of complainant.
You may note that in the second para I have made it clear that it is better to appoint an Advocate.
Biswanath Roy
(Expert) 31 August 2015
Yes, I noted your second para of the post but request you to see the queries of the author contained in the first and third paragraph which is traversed specifically.
