Is the notice beffore consumer complaint is must?

Bhumika (Querist) 13 August 2016 This query is : Resolved
To file a consumer complaint, is thenotice is must? before filing the notice against the mobile compony? who is responsible for not removing defect? service center??? or Cell phone compony?

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Ms.Usha Kapoor (Expert) 14 August 2016
Dear Client,

At least 15 days Legal notice should be issued to your mobile company and a copy ro service center. Before issuing any legal Proceedings Legal notice is a must.May be AFRAID OF LITIGATION THEY MAY REPAIR THE DEFECT IN YOUR MOBILE OR STILL IT IS COVERED BY WARRANTY PERIOD THEY MAY REPLACE IT WITH A NEW MOBILE. . In CASE THEY DON'T RESPOND WITHIN THE GIVEN TIME TO YOUR legal NOTICE YOU CAN MOVE CONSUMER COURT FOR DEFICIENCY IN SERVICE.

Devajyoti Barman (Expert) 14 August 2016
PLEASE NOTE THAT SENDING OF NOTICE BEFORE FILING CONSUMER COMPLAINT IS NOT AT ALL MANDATORY.

Sensing of notice is compulsory is only in such cases like cheque bouncing case, eviction suit etc where the statute makes it mandatory in default of which the suit /case would fail.
In consumer case the law doe snot make such mandate.
Do note verbal notice is legally valid notice as well and hence you have to mention in your complaint about deamnd of curing the defect earlier failing which you are filing the complaint.

Dr J C Vashista (Expert) 14 August 2016
I agree with expert Mr. Devajyoti Barman, no need to issue legal notice, rather it is NEVER issued, file the complaint straight away.
I differ with the expert advise of Mrs. Usha Kapoor.

Advocate Bhartesh goyal (Expert) 14 August 2016
I completely agree with the views expressed by Mr Barman and Dr.Vashista.

Rajendra K Goyal (Expert) 14 August 2016
Academic query, state material facts of the problem if any.

P. Venu (Expert) 14 August 2016
Yes, Legal Notice is not mandatory. However, there is no harm in serving such a Notice;perhaps, the company may act on the Notice itself.

Bhumika (Querist) 14 August 2016
Thank you all

Kumar Doab (Expert) 14 August 2016
I fully agree with Expert Mr. Devajyoti Barman.

Expert Dr. J.C.Vashista, Mr. Bhartesh Goyal, Mr. Rajendra K Goyal,Mr. P.Venu have duly reiterated the right advice by Mr. Barman.

Agreed with experts.

Ms.Usha Kapoor (Expert) 14 August 2016
Dear Client,

I firmly stand by my reply that a Legal notice is mandatory before launching any legal Proceedings including consumer court/forum proceedings. I've read several consumer related information on the net and seen Legal notices forms also. It is mandatory prior to launching consumer court proceedings. I'/ve extracted the following information which is posted on a website by an aggressive consumer rights activist.

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Notice to party before filing a consumer forum complaint
Posted on Jul 24, 2009 under Consumer awareness
(Updated Sep 13, 2009 07:35 PM)

The Consumer Protection act gives consumers the right to file a case against a vendor if they are not satisfied with the services provided or if the product or service is deficient. This post http://www.mouthshut.com/diary/jhdhuoomo/Know-your-rightsfiling-a-consumer-forum-case has more details on how to file a consumer forum case.

But before you file a case, as per the law, you are required to serve a notice to the party and ask him to rectify the deficiency within a reasonable period of time. This notice is mandatory and you need to maintain evidence of sending the notice. Register post acknowledgement or courier delivery receipt. The format of the notice is reproduced below for anyone who needs it (I have used this notice effectively to deal with errant firms, in one case the notice was enough to make the firm's representative come running to my house with a flower bouquet, an apology and the product which they had failed to deliver)

P. Venu (Expert) 14 August 2016
I shall be grateful if the learned expert informs us of the provision of law by which serving is Legal Notice before approaching a consumer forum is mandatory.

Ms.Usha Kapoor (Expert) 15 August 2016
see chdconsumercourt.gov.in official side of Hyderabad consumer court of telangana government also mandates prior Legal Notice before a consumer complaint.

MODEL
SPECIMENS
NOTICE
BEFORE
FILING
A
COMPLAINT
Name
and
address..
...
'
.............
;
,......
(of
the
trader,
dealer,
firm,
company,
etc.)
IN
RE:
(Mention
the
goods/services
complained
of
giving
details)
,................................................................................................
Dear
Sir,
This
is
to
bring
to
your
kind
notice
that
I had
purchased
,............
from
your
;
for
a consid~ration
of
Rs
paid
in
cash
vide
your
Cash
Memo/Receipt/Invoice
No
,
paid
through
cheque
No
dated
~
...drawn
on
bank
The
said
goods
are
suffering
from
the
following
defects:-
(i)..
.. . .. . .. . ..
..
. . . . . .. ..
. ..
. ..
. . . .. ..
....
(H)
etc.
I have
reported
the
above
matter
to
you
several
times
(give
reference
of
earlier
letters,
if any)
but
despite
all
my
pleadings
you
have
not
made
good
the
defect
in
the
goods
(or
deficiency
in
services)
which
is
indeed
regrettable
and
highly
unbusiness
like.
On
account
of
your
aforesaid
dereliction
of
duty
and
failure
and
neglect
to
rectify
the
same
I have
suffered
losses/incurred
eXIJenses
,...............
(give
details)
which
you
are
liable
to
compensate
to
me.
You
are
hereby
finally
called
upon
to
(i)
remove
the
said
defects
in
the
goods,
and/or
.
(H)
replace
the
goods
with
new
goods,
and/or
(Hi)
return
the
price/charges
paid
(iv)
pay
compensation
for
financial
loss/injury/interest
suffered
Que
to
your
negligence
..
......,..
;
.......
,
(give
details)
in
the
sum
of
Rs
with
interest
@
%
per
annum
within
..days
of
the
receipt
of
this
notice
failing
which
I shall
be
constrained
to
initiate
against
you
for
redressal
of
my
aforesaid
grievances
and
recovery
of
the
aforesaid
amount
such.
proceedings,
both
civil
and
criminal
as
are
warranted
by
law,
besides
filing
a
complaint
under
the
statutory
provisions
of
The
Consumer
'Protection
Act,
1986
exclusively
at
your
own
risk,
cost,
responsibility
and
consequences
which
please
note.
Place..
.................
Dated.................
.. .. .. .. .. .. .

Ms.Usha Kapoor (Expert) 15 August 2016
As per general law and to avoid unnecessary litigation the concept of Legal Notice was issued. Sometimes or many a time at notice stage only cases get settled. In consumer protection act no express provision is there for issue of Legal notice prior to a consumer complaint, as per law express/implied a convention/precedent has been developed and settled that before initiating any civil proceedings prior Legal Notice by the plaintiff is necessary.Although consumer court is not strictly civil it has all the trappings of a civil court and hence we can safely conclude that consumer cases are civil in nature.Hence by implication of law consumer proceedings being civil proceedings a Legal Notice is mandatory.The Telangana.A.P. High Court consumer court also kept on its website model specimen forms of Legal notices along with specimen copy of complaint. Please refer :chdconsumercourt.gov.in site. It must have consulted legal experts and Kept the specimen Legal Notice form reproduced by me as above.I once again emphasize that prior Legal notice is mandatory before filing consumer complaint.

P. Venu (Expert) 15 August 2016
Thanks, learned expert Ms. Usha Kapoor. However, the information posted suggests that Legal Notice in Notice in consumer is cases is directory, but not mandatory. Even in a Civil action, such Notice is mandatory when the suit is against the Government. Even then, Section 80 CPC provides discretion to the Court in exceptional cases.

Dr J C Vashista (Expert) 15 August 2016
Dear Ms. Usha,
Consumer Protection Act, 1986 mandates (Section 12) the complaint (neither a suit, petition nor claim etc.) shall be filed in the manner prescribed, which has no room (very little scope) qua applicability of Indian Evidence Act except the proof of purchase of goods/hiring of service.
Complaint under CPA shall be summary in nature, wherein neither initiation of litigation via legal notice nor cross-examination of CW is there. It implied that whatever claimed by complainant will be acceptable by the fora.
You will appreciate that CPA has its own/self-contained procedure, wherein provisions of CPC/CrPC/IEA or any other law is applicable.
Regards

Kumar Doab (Expert) 21 August 2016
The Notice at the most is a communique, for asking the vendor/supplier/manufacture/service provider to rectify the deficiency.

The communique mentioned by Ms. Usha Kapoor at cited website:

http://chdconsumercourt.gov.in/welcome.aspx

at link:

http://chdconsumercourt.gov.in/modelspecimens.pdf

is also simply a communique, simply termed notice by the website.

Kumar Doab (Expert) 22 August 2016
It is not legal notice.

The Act shall decide.

The Act as on date does not lay down legal notice.

Is the notice beffore consumer complaint is must?

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