Notice whom to serve
Raj Kumar Goswami
(Querist) 25 December 2014
This query is : Resolved
My uncle is a general manager of a travel company. His company booked a tour for kashmir.But due to flood the tour was postponed. Now one of the person who booked tour sent a advocate notice in his name to refund his advance money without deducting the cancellation charge. my question
1. Is the notice duly served?
2. can one send a such notice in the name of a manager of a limited company?
3. If the notice is not duly served, then how should he proceed?
Thanks in advance.
Sailesh Kumar Shah
(Expert) 25 December 2014
served notice is valid one, if sent in the capacity of manager.
it is advisable to consult local lawyer with notice for further action.
ajay sethi
(Expert) 25 December 2014
agree with experts
Rajendra K Goyal
(Expert) 25 December 2014
Agree with the experts. The tour organizers should try to reach at amicable solution.
Dr J C Vashista
(Expert) 26 December 2014
The notice is properly served and the tour company is bound to return/refund the amount, damages as claimed and charges for the notice, if the company want to avoid litigation besides defamation, loss of its goodwill, reputation and reliability.
The best option is to have a dialogue with the customer and find out some amicable settlement, as advised by the experts.
T. Kalaiselvan, Advocate
(Expert) 27 December 2014
The lawyer's notice is legally valid, the Manager is representing the company hence he is liable to receive and issue reply to the notice.