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Gokulakrishnan (ADVOCATE HIGH COURT AND OTHER COURTS IN CHENNAI)     10 October 2012

Advocate as consumer

I am an advocate practising in Chennai. I had sent a Legal notice on behalf of my client and it had not reached the addressee.

I had sent a letter to the Speed Post Department and they sent a communication that

"so and so post office had received and thereafter it was not traceable. As per our departmental rules, statutorily fixed compensation amount (double the speed post charges) is being processed and  will be sent to you shortly"

Now my client had started questioning me for loosing the case and sent a legal notice that I have to pay the cheque amount as the fault was mine.

What is the remedy available for me from the postal department. Please help.



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     10 October 2012

Your client has no right to claim the compenation from you.  You had sent the notice and it is not delivered the addressee.  It is the mistake of the postal dept., instead filing complaint against the post office your client has sent a notice to you.  It is very strange, he does't  know the law.  I think he has misguided by some body.  You reply to the notice stting that you are not aliable to pay any compensation becuase post office is failed to provide better service

P.K.Haridasan (Advocate)     10 October 2012

You have got clear evidence that the non delivery of the notice is of not your fault. Reply that Postal department is responsible. Also  write a  notice to the Postal authorities stating  that whatever, damage so claimed by your from  you  because of the non-delivery  would  be on their account  alone.

Gokulakrishnan (ADVOCATE HIGH COURT AND OTHER COURTS IN CHENNAI)     29 October 2012

thanks for your kind response.

I have spoke with the client. Now the client requests me to file a complaint in consumer fourm against the postal department.

My doubt is whether I should be the party in consumer court or the client. 

Which provisions will get attracted under consumer act. Whether there are judgements with regard to the said issues.

Once again thanks


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