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kiran (student)     12 February 2012

Is it compulsiory to give notice before filing complaint

Bangalore 4th Additional Consumer forum dissmiss the complaints at the stage of admission itself, by statting the reason that Complainant is not issued any notice before filing this complaint. 

Is it compulsory to serve notice before filing complaint under CPA1986??

We have made effort solve the problem with the OP but is it fair to say that the complainant is not served any notice before filing the complaint?

is there any wriiten law or any court judgment to say that notice is compulsiory before filing complaint in consumer protection act????


 6 Replies

sridhar pasumarthy (ADVOCATE)     12 February 2012


No, prior notice is not necessary for the maintainability of a consumer complaint.

I think that you are mistaken.  Complaint might have been dismissed on other grounds.

kiran (student)     12 February 2012


Please refer to the above judgement link.

matter i posted is not my personal experience, but this happens in the court. I dont know why it is like that....

sridhar pasumarthy (ADVOCATE)     13 February 2012


The complaint was dismissed not for non-issuance of prior notice but for lack of cause of action.

It appears it was mentioned in the complaint that some correspondence took place between the complainant and the opposite party and the cause of action was based on the said correspondence.  Having relying upon the correspondence(notice), complainant failed to file the copy of the notice.  That is the reason for which, the complaint was dismissed for non-filing of such notice.

Advocate Bhartesh goyal (advocate)     13 February 2012

the complainant did not mention the exact date  in complaint on whih cause of action arose and also not submitted the correspondence took place between them  cause of action was relied on correspondence {notice} therefore District Forum dismissed his complaint.

Om Shanker Shrivastava (Environmental Lawyer)     12 March 2012

Yes it's importent to serve notice before filing the suit to get admitted, the notice must explain the causatin to file the suit


No Mr Srivastava notice is not necessary. Notice is mandate only for any claim filed against the government agaency only. However CPA provisions are free from CPC.

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