consumer

Querist : Anonymous (Querist) 25 January 2010 This query is : Resolved
in consumer case legal notice is mandatory?

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Devajyoti Barman (Expert) 25 January 2010
Though the Act does not prescribe any such notice but as a measure of abundant caution and to avoid future complications one should send a notice. However at the same time non service of such notice is not damaging for the merit of the case either.

Kumar Thadhani (Expert) 26 January 2010
It is always advisable to send notice by the complainant to the party concerned it is then the course of action arises and burden falls on the party.

Raj Kumar Makkad (Expert) 26 January 2010
No. It is not mandatory unless the opposite party is State.

Arvind Singh Chauhan (Expert) 26 January 2010
I agree with all above seniors.

Jithendra.H.J (Expert) 26 January 2010
Not mandatory

Y V Vishweshwar Rao (Expert) 26 January 2010
I agree with lrd friends !

Notice,Demanding rectification ,Service, make good of the shortfall/Services or other thing to be doen by the trader, makes the Trader answerable and he can also make good before filing a Case , a chance shall be given to trader to avoid filigna case !

Sachin Bhatia (Expert) 26 January 2010
Legal notice is not mandatory in consumer cases unless the opposite party is State.

B K Raghavendra Rao (Expert) 26 January 2010

Issuing a legal notice in consumer case is an unwritten law. You go to a court or a forum for justice only after you approach the party for redressing his grievance and the party refuses to do so. Here also, a consumer has to inform the party of his deficiency in service and make good the same with without compensation. If he does not, then one can go to the consumer court.

In this respect, issuing a legal notice or a formal notice by the sufferer himself is mandatory.

Kiran Kumar (Expert) 26 January 2010
no its not mandatory but no harm in sending one.

RAKHI BUDHIRAJA ADVOCATE (Expert) 27 January 2010
No, its not mandatory.

samyak Satish (Expert) 27 January 2010
It is better you first ask the service provider to either rectify the error or refund the amounts by sending the notice. If he did not respond properly, it will made out a better case for you.

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