Padma (others) 17 December 2013

What to do if respondent refuses to receive notice

hi,

i live in bangalore and i have purchased a piece of furniture (sofa-bed) online from a store in mumbai. the product is however not upto the mark at all. it is stained and not of the quality promised. the company is not willing to take the furniture back and not ready to refund my money either. i have finally filed a case against them and have the notice sent to two addresses, but have not got any response from them. i have attended almost 4 hearings till now over a span of 3 months, without any response from the opposite party. they are in all likelyhood refusing to accept the notice/not acknowledging receipt.

I would like to know what are my options from here on.

Please help!

Thanks

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4 Replies

VINOD VERMA (C E O) 17 December 2013

catch hold of the summon server/ get summons dasti (by hand) from te court. go along with the summon server to the respondant and get te summons served in your presence, if he resfuses to accept you can ask the summon server to write "refused" along with his remarks. the court may then ask you for publication or can directly proceed as ex-parte against the defendant/respondant

Sudhir Kumar, Advocate (Advocate) 17 December 2013

refusal to accept if recorded is deemed acceptance.

prof s c pratihar (medical practitioner &legal studies) 17 December 2013

You send summons through court second time you can send summons by post regd ack due.refusal is an acceptance. You write to post master general under rti act with xerox copy of postal receipt. You will get a reply that refused to receive summons. That you file in the court and pray for exparte hearing.hope you will get good result.prof s c pratihar

Padma (others) 08 January 2014

Hello all,

Thank you for your valuable suggestions. There is no progress from earlier except for the fact that I was able to get a xerox of the returned envelopes (notice sent to two addresses). The reasons written are 'Not Found' i.e. address not found. The judge is asking me to send it to a third address, which I don't have. I know for sure that these addresses are valid because the company asks people to send their cheques to one of these addresses.

1) I have been told that the court does not send notice by email (not valid). Is that true? Because there is no way they can ignore the email (I have been corresponding with them on that Id.)

2) Also, on asking for an ex-parte ruling, the judge said that the opponent needs to 'receive and read' the notice. So i need to take "steps" for the same. One of these steps, i understand is paper publication. What are the other steps?

3) Even if an ex-parte ruling is given, how is the order enforced? How will anyone make sure that i will be compensated?

4) Lastly, could anyone say with conviction if my case stands a good chance? Is it worth hiring a lawyer? If yes, can I get some idea about how much a lawyer would charge?

thanks a lot!