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harpreetdhanvi (Legal Officer)     12 December 2011

S80 notice consumer court rti

I had applied for some information to PIO of Sub Registrat Co-op Soc. on 22/04/2010. information not given fully. Went for 1st and 2nd appeal within time limits. 2nd appeal decision pending. Now on 01/11/11 I give a notice by register AD to PIO, FAA  and head PIO under Section 80 regarding that i would be approaching the Consumer Court for deficiency of service. I have come to know about many cases in the favour of the consumer regarding the same. Now my problem is that in that notice i have given the cause of action, my name address and relevent details BUT BY SOME ERROR I FORGOT TO INDICATE HOW THE NOTICE IS BEING SERVED (by hand or by register AD). Is it necessary to indicate the mode of delivery or its just an irrelevant fact. if it is necessary pl can somebody let me know the remedy for the same


 4 Replies

Kumar Doab (FIN)     12 December 2011

If you have dispatched notice by redg/speed post, you may obtain POD from concerned PO.

PO shall issue one POD by way of a letter/certificate under original seal and signature of post master, stating article has been delivered. If you wish to avail certified copy of another POD, i.e. run sheet carried by postman, you may submit an application to post master with copy of receipt of redg/speed post, and affix stamps of Rs.10/ on your letter and you shall get it.

The recipient would know that your notice has been received and if denial is posted you can supply proof. PO thru postmaster can act against the recipient. Usually a sensible recipient shall refrain from denying the receipt.

If you have apprehensions you can post a reminder and enclose copy of notice and POD.

harpreetdhanvi (Legal Officer)     13 December 2011

Thanks Kumar ji. I have taken note of this statement of yours and would follow it

"If you have apprehensions you can post a reminder and enclose copy of notice and POD."

But I would like to bring it to you notice that i do have POD and printout from the site of Post about the delivery of the Register AD. My worry is not that he will deny recieving the notice but my worry is that he may challange the valadity of the notice as by some error i did not state in the notice how am I delivering the notice.  How do I counter that. Can I give a fresh notice. Will the previous notice create hurdles. Or what should I do.

Kumar Doab (FIN)     13 December 2011

Being a legal officer you are concerned about the denial of receipt.

However the recipient also knows that if delivery is proved with POD, then it shall have legal implications. You have the POD.

If you are concerned, for your satisfaction, you may submit another communication with copy of previous notice and POD.

harpreetdhanvi (Legal Officer)     14 December 2011

Point taken. thanks

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