A legal notice regarding the defaulted products or inadequate services is given According to the law; you must inform the other party before filing a consumer complaint. You should request that he make the necessary corrections in a reasonable timeframe. The preceding consumer notice must be sent, and you must keep proof that it was sent. A courier delivery receipt or a register post acknowledgment might serve as proof.
What Is The Rationale Behind The Consumer Protection Act Of 1986?
The Consumer Protection Act of 1986 [1] was enacted primarily to safeguard customers from unfair and unethical business practises. It protects them in case anything bad happens or an issue arises. Consumers can seek justice in the consumer courts. It also provides consumers with the right to be informed, the right to select, the right to seek representation, and the right to be heard properly in the consumer’s court.
Important Things to Think About Before Sending a Consumer Notice
- The name, description, and address of the person selling the products or services should be included in the Lawyer Notice draft format.
- The date when the issue first occurred should be mentioned in the Lawyer Notice draft format.
- The Lawyer Notice draft format must include all relevant information and complaints, along with accurate dates.
- The notice has to explain how the buyer’s complaint was brought about by the seller’s carelessness in providing high-quality goods or services.
- Also, it must provide a detailed description of the plaintiff’s plan of action.
- If there were any prior communications, they should all be mentioned.
- Only registered AD or speed post should be used for consumer notices, and proof of delivery, such as a receipt, should be preserved for future use and verification.
- The receipt must clearly mark the service provider’s name and address.
- Register the same content on the service provider’s website, portal, and complaint area, if one is present.
- Both the non-provision of services and faulty goods may be the subject of consumer Lawyer Notice draft format.
- It ought to provide a logical timeframe (usually 15 to 30 days to settle the said matter).
- The Lawyer Notice draft format is signed by the lawyer and the sender, and the lawyer keeps a copy of it.
Suggestions before Sending the Lawyer Notice draft format:
- Do not use threatening or threatening language towards others over the phone or in email. It can work against you. Manage anger and irritation. Things happen because this is life. We can act, educate, and inspire each other.
- Be sure to have your payment proof (Invoice, Email Payment proof).
- Get payment information from a bank statement (Bank Statement).
- Email correspondence (optional)
- Communicating by telephone (optional)
- Additional evidence supporting (proving) your complaint
- The fact that the other side is wealthy and has hired a top lawyer does not diminish your chances of winning. You win your case based on reliable evidence and facts. Nobody can change what has already occurred. What you need here is enough patience, the capacity to learn and apply new lessons, knowledge of the process, and never allowing the opposing party to take advantage of your weakness.
- Wait 15-20 days for the other party to respond to your notice.
- Send the notice through registered mail or courier. 15-20 days after the notice is sent, the court will hear the case.
- If the opposing party fails to answer, file a consumer petition in the appropriate forum.
- You can send friends or family on your behalf if you are unable to attend the consumer forum for your hearing. The Consumer Forum is welcoming and supportive. It functions differently from other civil or criminal courts.
Legal Notice Contents
The aggrieved person/group of people can create the Lawyer Notice draft format themselves, but it is a better idea to have it drafted by an experienced legal practitioner. A well-drafted legal notice is prepared on the advocate’s letterhead, with his address and contact information, and must also include the following information:
Example: On the 5th of March 2021, a person ‘X’ took items on credit from ‘Y’ under the guise of paying for them in three months. If ‘X’ does not pay for the products within three months, ‘Y’ can submit a legal notice to retrieve the money.
The Following Items Will Be Included in the Lawyer Notice draft format:
1. The Lawyer Notice draft format Heading
The title must be simple, informative, and able to capture up the subject of the notice. Also, the correct address must be included so that the notice is delivered to the right location and to the right person.
The notice’s title in the example above may be:
“Notice for the recovery of payments due to the sale of goods on credit.”
2. Facts and Matter
This section discusses the reason for the notice in issue. The actions that have purposefully or accidentally caused an issue for the sender must be specified precisely. All previous communications pertaining to the problem must also be referred to. There should be no omission of critical information.
In the above example, the body of the notice will look like this:
On January 1, 2023, you purchased products on credit from my client. That you pledged to reimburse my customer within three months. You did not pay the amount by April 1, 2023.
3. Demands and Needs of the Sender
The notice’s sender’s demand must be properly prepared and included in the notice. The sender may request either specific performance or monetary compensation for the grievance and mental harassment suffered as a result of the other person’s actions.
The demand clause in the above example will look like this:
“I, therefore, request that you, on my client’s behalf, make the payment of Rs. /- in favour of my client within _ days of receipt of this Legal Notice, together with interest of Rs. /-.”
4. The Outcome and Its Consequences
The consequences of failing to fulfil the conditions of the Legal Notice are to be indicated in the notice itself. The repercussions will function as a deterrent for the addressee to execute the appropriate action within the span of time specified. The addressee should be given a reasonable amount of time, say 20 or 30 days, to resolve the issue through dialogue or otherwise.
Example: The result clause would be as follows:
“If you fail to do so, my client has given me specific instructions to file a suit for recovery, as well as civil and criminal proceedings, in the relevant court, and in such an event, you will be totally accountable for all expenses, charges, risks, and consequences.”
Filing of a Lawyer Notice draft format
- A person has two options when drafting and filing a legal notice (Lawyer Notice draft format): they may do it alone or hire a lawyer.
- If a person uses a lawyer’s services to create the Lawyer Notice draft format, the notice must be printed on the lawyer’s letterhead.
- The relevant case details should be included in a legal notice (Lawyer Notice draft format). The name and address of the receiver must be included. The individual serving the legal notice may do so without the help of a lawyer.
- The legal notice must specify the basis for bringing the complaint. Also, it must list any prior communications about the incident at issue.
Lawyer Notice draft format (Sample)
To,
(Name and complete address of the opposite party – trader, dealer, firm, company, etc.) (name and complete address of the opposite party – trader, dealer, firm, company, etc.)
Subject: Consumer Protection Act Notice for Refunds/Compensation/Fixing Issues (choose appropriately)
Greetings, Sir/Madame
This is to bring to your attention that I acquired (the following items or services) from your company for a consideration of Rs…………………………….. paid in cash via your cash memo/ Receipt/ Invoice. No………………………………. (or by check) No……………….……..) dated………………drawn on ……………….………….bank for a sum of Rs……………….. No……………….……..) dated………………drawn on ……………….………….bank for a sum of Rs………………..
The following problems occur in the above goods and services: (elaborate).
I have mentioned the above problem to you several times (please include references to previous letters, if any), but despite my pleadings, you have failed to improve the defect in the products (or lack of services), which is unfortunate and highly unprofessional. Because of your breach of duty and failure and negligence to correct it, I have suffered losses/incurred costs ______ (include specifics), for which you are required to refund me.
……………….………….bank for an amount of Rs………………..
Nowadays, you are finally required to;
Address the aforementioned defects in the products, replace them with new ones, refund the sum paid, and pay compensation for financial loss/ injury/interest suffered as a result of your negligence in the amount of Rs…………….. with interest at……….% per annum within………days of receiving this notice; otherwise, I shall be forced to initiate against you such proceedings, both civil and criminal, as are necessary for the redress of my abovementioned concerns and the recovery of the above amount, in addition to filing a complaint under the statutory provision.
Conclusion
The instructions above explain how to prepare a (Lawyer Notice draft format) legal notice quickly and easily. Before starting any legal proceedings, a Lawyer Notice draft format can be sent to the individual informing them of the defects in the goods and services. To resolve a dispute, the parties communicate with one another. Legal proceedings are time-consuming, but lawyer notices are not.
Read Our Article: Legal Notice For Consumer Complaint: All You Need To Know
