Notice

Nirmal Joseph (Querist) 13 July 2010 This query is : Resolved
I lodged a complaint before a District Consumer Disputes Redressal Forum in Tamil Nadu against a builder. The forum numbered the complaint and issued notice by registered post to the opposite party. But the mail returned with a notification by the postman saying, ‘Intimation Delivered’. So the Forum subsequently asked me to send a Private Notice to the opposite party and adjourned the proceedings to September 2, 2010.

I would be much thankful if someone in the forum could help me prepare a private notice in this regard. I require a format only.

I understand that if a registered post returns with the notification ‘Intimation Delivered’, it amounts to the offense of evading the receipt of the mail by the addressee. So a judgment can be obtained against the party as ex-party. Can any one of my friends in the forum help me by giving reference of some court verdict?

Thanks in advance!

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Devajyoti Barman (Expert) 13 July 2010
Private notice here in west bengal means to send the coopy of the complaint through the means of courier or speed post by the complainant himself and hence no format is required.
Intimation served always amounts to good service and generally no further sending of notice is required

Guest (Expert) 13 July 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBI8LE.9271971251,9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE NOTICE KINDLY NOTE THAT
1.YOU MAY SUBMIT AN APPLICATION WITH AFFIDAVIT IN THE COURT THAT NOTICE WAS SENT BY REGISTERED POST AND RETURNED WITH REMARK AS INTIMATION DELIVERED.AND PRODUCE WITH APPLICATION IN THE COURT THE ORIGINAL POSTAL RECEIPTS AND ALSO ORIGINAL ENVELOPE RECEIVED BACK FROM THE POST OFFICE WITH REMARK INTIMATION DELIVERED.
KINDLY NOTE THAT YOU HAVE TO SUBMIT AN AFFIDAVIT IN SUPPORT OF THE APPLICATION THAT INTIMATION WAS DELIVERED AND ENVELOPE RETURNED WITH SAID REMARK
2.KINDLY NOTE THAT IT IS A GOOD SERVICE OF NOTICE AND YOU NEED NOT ISUUE NOTICE AGAIN TO THE RESPONDENT.YOU MAY ARGUE IN THE COURT IN SUPPORT OF YOUR APPLICATION PRODUCING ALL DOCUMENTS.
YOU WILL SUCCEED.
IN CASE YOU NEED ANY FURTHER HELP YOU MAY WRITE OR CALL /SMS.THANKS.
GOOD LUCK.

G. ARAVINTHAN (Expert) 14 July 2010
send a copy of complaint along with a letter to the builder through registered post that

The case (mention case number)filed before Consumer Forum is posted on .........(date) and hence take notice and appear before the forum on ........(date)otherwise will be heard and decided in your absence"

DEFENSE ADVOCATE.-firmaction@g (Expert) 14 July 2010
Intimation given is no notice in eyes of law , so fresh opportunity has been given to you for another notice.

Now you can do it as suggested by Deep Jyoti burman above , this is accepted practice.

Nirmal Joseph (Querist) 14 July 2010
Thanks to every one!

Nirmal

adv. rajeev ( rajoo ) (Expert) 14 July 2010
When intimation is delivered to opponent it is his duty to take the delivery, postman will wait for 7 days for him. When opponent has failed to take the delivery of the notice from the post, his act itself shows that he is not interested and it amounts to valid service. Hence it is the duty of the forum to him place him ex-parte instead of ordering to send private copy.

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