Quantum of compensation claim in consumer court.
Skeptical optimist
(Querist) 18 March 2015
This query is : Resolved
Is it necessary that monetary compensation claimed for a given complaint filed in Consumer Court has to be less than or equal to what was asked for in the legal notice served prior to approaching Consumer Court? OR claim can be higher based on reasoning that filing the case involved additional effort, which could have been avoided, had legal notice been addressed satisfactorily before-hand.
Dr J C Vashista
(Expert) 19 March 2015
@Skeptical Optimist,
It is not necessary to issue legal notice prior to approaching consumer forum/ commission.
Even if you have mentioned "X" amount in the notice, it does not make any difference if the amount varies in the notice vis-a-vis complaint as the amount mentioned in the complaint is to be considered and/or may be read at the time of arguments/ passing of order.
Devajyoti Barman
(Expert) 19 March 2015
give background details. Query looks like academic one.
Rajendra K Goyal
(Expert) 19 March 2015
Due to which reasons / items the amount is likely to be increased.
T. Kalaiselvan, Advocate
(Expert) 20 March 2015
In the complaint, the same amount of compensations that was mentioned in the notice can be made, as far as the preparation charges for the case is concerned, the same can be included in the cost and fee for advocates column adding to the compensatory amount claimed.
