Annu
(Querist) 07 December 2012
This query is : Resolved
Sir, i have been sending some registered A/D letters to my client (who has not been fulfilling the terms of an Agreement made between us).The postal department returns the letter to me mentioning "refuse to accept or person was not there" on envelope. 1.What is the next step or remedy for me so that i am able to serve this letter to my client?. 2.is his not accepting my letters making my legal position strong?
Raj Kumar Makkad
(Expert) 07 December 2012
1. In the given facts, the letter shall be presumed as received by the addressee.
2. Yes.
Annu
(Querist) 07 December 2012
Thanks for ur reply sir. just one more thing he has not read the contents so r my contents shall also be presumed to have been read by him.?
Guest
(Expert) 07 December 2012
Irrespective of whether the contents of your letter are read or not, the legal obligation on your part has been fulfilled. Postman's remarks about refusal to accept your registered letters by your client makes your case strong as that itself proves his intention to willfully violate the agreement.
ajay sethi
(Expert) 07 December 2012
refused to accept is proper service . it is his funeral if he does not accept registered post Ad letters
Murtaza Chherawala
(Expert) 07 December 2012
Make sure that you do not open the sealed envelopes. The sealed envelopes must be submitted in court along with your case. The envelopes can be opened in the open court so that the contents are brought on record in the court.
Raj Kumar Makkad
(Expert) 07 December 2012
Your liability to send the notice is complete but the addressee cannot be presumed have read the contents. You should confine only up to your role.
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