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jagpal Singh (xyz)     29 September 2012

Urgent - please reply

A suit was filed on the postal department for  three income  tax letters lost as some staff at post office was in connivance with my father in law.
I communicated through letters and faxes with postal department but they did not respond and kept delaying the compensation so I filed my suit in the consumer court against Postal Department (GOVERNMENT).
My queries are :
1.     Is it compulsary to send notice u/s 8o of the civil procedure court, 1908 to Post Office?
2.    I have not sent any notice to postal department. What is the downside for not sending the notice in the eyes of consumer court and how I can cover it up as I am going to file the rejoinder. 
What would be my best reply to the below Written Statement of postal departmental content
A) That no notice u/s 80 of the civil procedure court, 1908 was given by the complainant before filing the complaint to this Hon'ble consumer forum.
B) That the complaint filed by the complainant is false and frivolous and therefore liable for outright rejection with cost in terms of section 26 of consumer protection act 1986.  
Please write your comments against each pointer 1 and 2 A and 2B.
Best Regards


 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     29 September 2012

notice u/s 80 is only to file civil suit but not for consumer complaint.  I think I am right. You have to prove that notice u/s 80 is not necessary.

Arvind Singh Chauhan (advocate)     29 September 2012

Under Sec 6 of post office act- such lapses are exempted to some extent plz go through and analyse your case. You have to prove employees will full default in such case.

About notice under 80 CPC I am also confused as Rajeev Sir.

senthilkumar (chef)     30 September 2012

i have passport  already, for date of birth correction i applied for  reissue  passport , for the birth proof they asked bc igot it and give to the passport office, still they are asking for court order, all polish varifications has finished,  i need it very urgent, my old passport will expire in 2017 nly, if i try for court order it will take atleast one month ,can i withdraw the service which i requested? is there any possibilities are there to do soo?

reply very soon its very urgent......

Nali Seshu Kumar (SOCIAL WORKER)     28 September 2014

jagpal singh garu notice u/s 80 of cpc attracted only  in suits, if you approachthe  civil court particularly joined as central govt as necessary proforma and proper party.if you approach consumer forum it is your part to explain the delay in approach the forum when the cause of action per the consumer protection act after expiry of two years from the date of cause of action ,you have to first filed an application u/s 24 a consumer protection act and explain the delay in approach the forum and there after the forum feels it is sufficient cause drawn a presumption in your favour and condone the delay.there after it is normal as usual the regular procedure.

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