Under postal certificate
Aseem Vaishya
(Querist) 11 November 2011
This query is : Resolved
Could any one please inform me whether service through Under Postal Certificate (UPC) is a legal service of notice?
As my opponents claims that they had sent me the notice by UPC, which has been never received by me.They have managed the UPC receipt from Post Office. What is the legal position of service in this case ? I had already submitted my rebuttal by filing affidavit of not receiving the Notice.
Kindly give me some rulings.
Guest
(Expert) 11 November 2011
Posting under postal certificate is quite legal. It is another thing, if some one manages to get the certificate of posting under UPC illegally just to cover up some deficiency.
Aseem Vaishya
(Querist) 11 November 2011
I heard recently Hon'ble Supreme Court has passed some Judgement against it. Can some one please assist me to find ?
Sailesh Kumar Shah
(Expert) 11 November 2011
If so as stated by you, we couldn't help without case no, party name.
if you knew. visit www.indiankanoon.org.
prabhakar singh
(Expert) 11 November 2011
An UPC receipt raises a presumption that a mail was posted to the addressee mentioned
on the receipt but it is not the proof of service the construction of service is shown by its mailer showing the fact that it was never received back hence it should be presumed to have been served,but presumption so sought for is not a strong presumption and party to whom letter was addressed can rebut it just by denial and authenticity of receipt and possibility of its management can be demonstrated by rebutting party just like the other side has managed.
R.Ramachandran
(Expert) 11 November 2011
I fully agree with the views of Mr. Prabhakar.
While UPC will go to the extent of certifying that the sender in deed posted the mail, it does not mean that it is a legal service.
A proper service is recognised only if the same is done through Registered Post or Speed Post and not in other mode of mail.
Kirti Kar Tripathi
(Expert) 12 November 2011
I agree with Mr. Prabhakar. It gives only presumption and its service depends upon the admission of the opposite party. if it is denied, the sender has to prove service otherwise.
A K CHANDOK
(Expert) 12 November 2011
Dear Sir,
Pl. ensure that UPC certificate issued by Postal Deptt. is prior to 1-4-11 as UPC services have been withdrawn there after., otherwise ,I agree with the views of Sh. Dhingra ji and others.
Adv.A.K.CHANDOK
prabhakar singh
(Expert) 12 November 2011
Hopefully ,it must be prior to 01.04.2011
M V Gupta
(Expert) 13 November 2011
The legal effect of letters / notices sent through UPC has been correctly explained by the experts. I also learnt that UPC service has been withdrawn by the Postal Dept wef 01-04-2011.
