K Rao (AA) 23 July 2010
Sirs,
We are a small business and have been sent a notice by the sibling of an irate customer via email and the nic website. Are we required to reply to it? What are the legal implications? Is the email valid evidence in the court of law? We prefer to approach the case through our local consumer court. What is the best way to approach this case?
Thank you
K Rao
Suchitra. S (Advocate) 23 July 2010
Sir, it is always the complainant who can file a case against you. If the complainant is unable to represent the case himself for any valid reasons, then, the case can be represented by his legal heir. In case his legal heir has sent you a notice on father's behalf, you may convey your stand on the allegation. Else, is not obligatory. An e-mail is taken as evidence in courts. Let the customer go to court first if he/she is aggrieved. You can then five them your defence. If you are keen on filing a case against them, then approach a consumer forum with a complaint.
KINDLY NOTE THAT YOU ARE IN BUSINESS HENCE YOU SHOULD TRY TO SORT OUT PROBLEMS AND SATISFY THE CUSTOMERS REGARDING GOODS AND SERVICES.
IF POSSIBLE YOU MAY TRY TO SETTLE THE MATTER WITH THE CONSUMER ON REASONABLE TERMS.
BUT IN CASE THE OTHER SIDE HAS UNREASONABLE DEMANDS THEN YOU MAY STRONGLY DEFEND YOUR MATTER IN THE CONSUMER COURT AND LET COURT DECIDE THE MATTER.
GOOD LUCK.
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
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