Nirmal Joseph (Medical Practice) 13 July 2010

Intimation Delivered - Notice Not Received

I lodged a complaint before a District Consumer Disputes Redressal Forum in Tamil Nadu against a builder. The forum numbered the complaint and issued notice by registered post to the opposite party. But the mail returned with a notification by the postman saying, ‘Intimation Delivered’. So the Forum subsequently asked me to send a Private Notice to the opposite party and adjourned the proceedings to September 2, 2010.

I would be much thankful if someone in the forum could help me prepare a private notice in this regard. I require a format only.

I understand that if a registered post returns with the notification ‘Intimation Delivered’, it amounts to the offense of evading the receipt of the mail by the addressee. So a judgment can be obtained against the party as ex-party. Can any one of my friends in the forum help me by giving reference of some court verdict?

Thanks in advance!

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1 Replies

Mugundhan (Lawyer) 23 July 2010

Intimation delivered and not claimed means effective service of the notice. But the Consumer Forum has asked you to issue private notice in order to give another chance to the opposite party. It is normal procedure. Here is a model for private notice

Before the Consumer Disputes Redressal forum At________________

Complaint No._____________

_______________ -Complainant

________________ Opposite Party

Notice To Opposite Party

Please Take Notice That the above complaint filed by the Complainant is posted on _______________ at ________A.M/P.M for your appearance and filing of your counter statement if any failing which the matter would be decided on merits. This Notice is issued as per the order of the Hon'ble forum dt.______.

Complainant