is it necessary to legal notice only through advocate

It is advisable to consult a lawyer to check through the terms of the contract, specifically, the remedies available for breach of contract. The notice also could be suitably issued.

vasudevan

Concurred with vasudevan.

actually I have no written agreement with contractor but paid one lakh in cash and four lakh by account payee cheque

what a contractor is expected under implied contract? Is it better sue him under Indian Contract Act or Consumer Protection Act?

Notice is the base of all future legal action and it is most important document.

You must consult expert advocate in this matter.

Unless you are a legal practitioner your notice will not be qualified as legal notice. It will be only notice. The approach of an Advocate is entirely different from that of an ordinary man. Better consult and immediately send notice through a lawyer.Ultimately you have to get back your money.

I am of the opinion that legal notice must be issued to take any legal action against any person to afford him an opportunity to abide by the terms of contract. This is what principles of natural justice say.

No where it is stated in any enactment that "legal" notice is to be issued. Some laws contempalte issuance of "Notice" only( Like 138 NI Act). There is no need to get it done by an advocate. Teh purpose of notice is to put the other man on caution of legal actrion if the demand is not complied with.  Legal notice means a demand which is legal but it can not be said that it must be got issued thro an advocate.  

Before sending any notice, what is required to have the knowledge of legal points upon the issue in hands.  Therefore, always preferable to send notice through advocate, otherwise, any notice if sent personally, fulfills the requirement.  Sometimes a legal notice attracts some legal rquiremtns, therefore, if those requirement are not fulfilled than notice becomes null and void, and hence if advocate send notice, he will consider those legal requirements before drafting ntice.

Mr. Satyendra Singh Kandari, It is always better and advisable to send legal notice through an Advocate only. There are no hard and fast rules as such. But to cover all the legal requirements it is better to approach an advocate who is in the said field of practice. Particularly in your matter, I feel you have to consult a lawyer since you do not have a written contract, so unless you are familiar with legal rules and requirements, you will not be able to properly draft the notice.