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nilanjan chatterjee   24 October 2016

Is email legal notice a valid notice?

My father a businessman had bought a MTS postpaid dongle where he from the date of purchase has used to recieve a bill monthly of around Rs.650/- including taxes. For around 4 to 5 years the same amount of bill was recieved & paid on time. My dad's email address & mobile no. was provided to the MTS & they used to give us intimation of the bill amount through SMS & email both. Suddenly in the month of febraury they sent us a huge amount of bill around Rs.3670/- stating that we took a loan of 20gb. they didnt emailed us or never sent us an SMS to the registered mobile no. or email id. when they provided loan to us without our permission. They intimated us when the payment of the bill was due at the month end. They had been given strict order by my father to cut the connection after the usage gets to Rs.650/- & nomore amount of GB shall be given until the bill is paid by my father.When asked why didnt you intimate me through sms or email that a loan of 20gb has been provided to us. The company said that the intimation has been given through the SMS IN DONGLE. They only provide you with information in that mode which is beneficial to them. As the bill amount through SMS to the registered phone. They without any permission gave us 20gb loan & that to never intimated us through SMS to the registered phone. As because we would have barred them from providing loan to us.
They are threatning us with legal steps? What should i do? They has sent legal notice via e mail thrice though having our office address. 


 9 Replies

Yes. Yes. Yes. Its valid.

Akash Kapoor (Owner at Shramsamadhan India)     25 October 2016

See there notice is valid. Notice is a communication whether delivered by post or mail makes no difference. But as per your query, if you have created a log with there customr service call center and they have a number or you can track that from your login account. You can drag them to consumer forum. This can be tagged as deficiency in service under consumer protection act.


See this for labour law related queries https://www.shramsamadhan.com/

BHARTI KOTHARI (practising advocate)     25 October 2016

yes it is valid but you have to give certificate u/s 65b of evidence act. but i will advice you to give post notice.



Ms.Usha Kapoor (CEO)     25 October 2016

Email notice is not legally valid. A legal notice, as mandated by the law in the given facts, has to be issued by a lawyer on his letter head. So in th elatter mode only  avalid legalnotice shoul;d be issued. If you appreciate this answer please click the thank you burtton on this forum..

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 October 2016

Yes it is valid subject to the Information Technology act

Advocate Bhartesh goyal (advocate)     25 October 2016

Notice sent through e-mail is perfectly valid subject to satisfaction of sec 65(B) of Evidence Act.

Kumar Doab (FIN)     26 October 2016

Did you ask/order for 20GB?

Message in Dongle has also to be proved.

Have they states in writing that it was loaned/you asked for such loan?

Approach your able counsel specializing in consumer matters.

jyotirmaya behera (advocate)     28 October 2016

Yes. It is valid but you have to show the delivery of notice and the copy of that e-mail can be the evidence.


Jyotirmaya Prasad Behera

Advocate, Orissa High Court


Pankaj Yadav (MT)     25 January 2018

100% Valid




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