Endorsed "refusal" on registered letters.
Annu
(Querist) 14 April 2014
This query is : Resolved
sir
i have sent few registered letters with acknowledgement to a person who is avoiding them and not accepting them(although he accepted initial ones).
How many of such letters can i send to him and for how long?
will this make my legal position strong.
ROHIT SHARMA
(Expert) 14 April 2014
1. If the registered letter is returned by the post office marked as refused acceptance, then in legal sense it denotes that such letter was indeed served upon him.
2. Like when a court or a lawyer sends summons through Reg. A.D. Post and the same is returned marked as refused acceptance, the court then presumes that the summons were indeed served upon such person and then the court proceeds to try the matter as deem fit.
3. Yes, if the such cover received back is not reopened by you and then it can be adduced as a document in evidence in legal proceedings.
Adv. Rohit Sharma.
(M) 09824047971.
E-Mail : lawgate1349@gmail.com.
Annu
(Querist) 14 April 2014
Rohit Sir can i send few letters to strengthen my legal position.
Advocate M.Bhadra
(Expert) 14 April 2014
To file a suit issue of Legal Notice is not mandatory except for some cases i.e. filing a case u/sec.138 N.I.Act,a suit for Eviction of Tenant u/sec.106 CPC etc.
You did not mention which purpose you have sent a Notice,however refusal is to treated as good service.You can also publish your Notice in Newspaper which can be legal binding on him.
Annu
(Querist) 14 April 2014
Bhadra sir the purpose is to make him fulfil his part of contract by getting my sale deed of a flat registered which i purchased from him.
Rajendra K Goyal
(Expert) 14 April 2014
Refusal to a registered letter is good service. Consult your lawyer and proceed.
ROHIT SHARMA
(Expert) 15 April 2014
Madame Annu,
1. This fact of the undelivered and unaccepted registered letter speaks volume of the malafide intention of such person as not to perform his legal obligation.
2. Yes, this evidence of his refusal to accept the letter can be adduced as a relevant fact when you file a civil suit for specific performance of a contract.
3. Moreover, you can also file a criminal complaint against him for his act of commission of having cheated you and dishonestly induced you to part with your money which act is punishable u/s 420 of I.P.C.
4. If need be talk to this lawyer.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) 09824047971.
E-Mail : lawgate1349@gmail.com
Advocate. Arunagiri
(Expert) 15 April 2014
If the Registered post is returned as refused accept, it is a deemed service.
V R SHROFF
(Expert) 09 June 2014
once posted at correct address , it is deemed served.
