Reply to legal/ demand notice thru upc
sudhakar s. yeradkar
(Querist) 07 March 2012
This query is : Resolved
Dear sir,
I would like to take your advise under section 138 of NI ACT-1881
1. Whether reply to legal/demand notice sent by UPC is valid.
2.Whether reply sent on plain paper instead of their letterhead is valid? (The Accused is Proprietor of the firm)
3.Whether inward & outward records maintain by post offices for UPC post.Can I get the record for year 2009 from post office?
4.How the accused will prove that reply to legal demand notice received/acknowledged by the complainant.
Please reply at the earliest.
Rgds
SAINATH DEVALLA
(Expert) 07 March 2012
Dear Mr.Sudhakar,
Does UPC mean Universal Product Code.It is used in the western countries and europefor tracking trade items.It is nothing but a barcode.It is the unique code that identifies a particular product so that it can be managed with a data base at a retail outlet, or other mercantile institution.
You can send your legal notice through RPAD or courrier.The accused if desired can reject RPAD or courrier stating various reasons.But the documents at your disposal are enough to file a criminal complaint.
Nadeem Qureshi
(Expert) 07 March 2012
Dear Mr. Sudhakar
there is no provision in Ni Act to reply the notice if any one send a legal notice for demanding money of bounce cheque issued by you, then you are liable to pay the money, it is presumption.
you can send reply of this notice through speed post or through registered post, post office have all the record of these post.
feel free to call
SAINATH DEVALLA
(Expert) 07 March 2012
Dear Mr. Sudhakar,
Another point I could catch off late is,have you given the legal notice in the year 2009.Otherwise why would you require 2009 records from the post office.Of course the records registers will be available with the concerned post offices.If you have given the notice in 2009,now its invalid.What was your lawyer doing all these days? Come out with some more correct facts.
Raj Kumar Makkad
(Expert) 07 March 2012
1. Yes.
2. Yes.
3. No.
4. It is to be replied by accused only and not by us as we have no facts before us to explain.
You have raised only questions which have duly been replied and chapter ends.
Raj Kumar Makkad
(Expert) 07 March 2012
#Sainath Devalla!
Sir UPC means Under Postal cover and not Universal Product Code in the given matter. Mend me if I am wrong.
Arvind Singh Chauhan
(Expert) 07 March 2012
Sufficiently and perfectly explained by Raj Sir. Nothing left now.
ajay sethi
(Expert) 07 March 2012
agree with makkad
Kirti Kar Tripathi
(Expert) 07 March 2012
Notice or reply, if its receipt is acknowledged is valid and if denied, it is on the court, whether it presumes its service or not. The party has to prove service by cogent and sufficient evidences. Normally Court do not presume service of notice/reply sent through U.P.C.
C. P. CHUGH
(Expert) 07 March 2012
1. UPC in terms of Postal Delivery means Under Postal Certificate. Post Offices issuing such receipts only certifies that an article addressed to a person mentioned in the UPC were delivered at the PO for onward delivery. IT no where confirms the delivery of such article to the recepient and such articles are no better than an ordinary post. It could be the reasons the Court does not take/accept it as evidence. The Onus of having despatched is partly discharged but onus of it being delivered is not at all discharged and the sender of the notice has to discharge this onus by all other reasonable means to the satisfaction of the Court.
2. It does make no difference whether the reply is written on a Plain Paper or on a Letter head so long as the language is clear and understandable.
3. Articles delivered under Postal Certificate are not better than article dropped in a letter Box and Post Offices across India are not statutorily required to maintain trac record of such articles. The answer to your question, therefore, is NO.
4. It can be prooved by leading evidence with reagrd to the fact, i.e. to say by examing a witness who can testify that reply to notice was delivered in his presence by the postal authorities.
Be sure, it has to be very confident, otherwise it can bounce back.
Shonee Kapoor
(Expert) 08 March 2012
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Anirudh
(Expert) 08 March 2012
Mr. Chugh is quite right when he says that UPC stands for Under Postal Certificate.
In fact the postal department does not maintain any records for such UPCs nor is it required to do so. This is for the simple reason, that a person posting an article under UPC himself has to fill up a form indicating the name and address of the addressee as indicated in the article. After accepting the Article across the counter (such UPC article cannot be dropped in a letter box) the postal clerk will affix the Official Dated Stamp on the form and return it to the sender of the Article. Therefore, if any one has to prove that an article addressed to the addressee has been sent on such and such a date under UPC, then he has to produce the form indicating the name and address of the addressee along with the Postal Dated Stamp. That will be the conclusive proof of having sent the article to the addressee. It does not however prove that the addressee received the same.
SAINATH DEVALLA
(Expert) 08 March 2012
Dear Mr.Makkad,
I am sorry,you are right.But under certificate of posting is as much valid as others.
Kirti Kar Tripathi
(Expert) 08 March 2012
The postal department has already closed the U.P.C service with effect from 11 march 2011
