“A Formal written communication between the parties informing the recipient that a lawsuit will be brought against them is known as a legal notice.”
It helps inform the recipient party of the sender’s complaints. It is seen as a warning to the recipient to follow a particular requirement if he wants to avoid going to court. It is a very effective tool for settling disputes outside of the court system through negotiation, mediation, or arbitration
The Timeline for Filing a Consumer Complaint
If you want to file a complaint with a consumer court, you can. Must follow a specific procedure. You must file your consumer complaint within two years of the incident that gave rise to it. If you file one after the two-year deadline has passed, you must provide a convincing reason for the delay, or the court must dismiss your claim.
Always get in touch with the company’s branch office that is most nearby your house. This will make it simpler for you to meet with their representative in person if you need to.
The Time Limit after Serving the Legal Notice
Before submitting a consumer complaint, it is preferable to give the other party or parties 15 days’ notice. In this notice, which should preferably be typed out and sent by speed post or registered mail, you should outline your grievance, including your concern, how long it has persisted, the type of corrective action you anticipate the company will take, and any compensation you’re seeking. For your records, keep a copy of this and all other correspondence.
Consumer lawyers who focus on these cases are typically the ones to handle a legal notice in a consumer case. According to the law, a crucial idea is the legal notice for consumer claims. In consumer lawsuits, it is crucial for the seller to respond to such a legal notice. Additionally, if necessary, contest that case in the proper court.
The Consumer Protection Act of 1986’s rules and regulations serve as the foundation for the entire idea. The seller is obligated to provide customers with high-quality products and address any problems that may occur.
The Distinction between Cases of Civil and Criminal Notices
In several cases, a legal notice is usually filed. In criminal cases, there is no need to file a legal notice because the state takes action against the person who committed the offence. However, if one wishes to file a civil suit against the government, a legal notice must first be served on the government, and only then may a civil suit be filed against the government.
What A Legal Notice Include?
Legal notice Essentials or legal notice format:
- Name, description, and Address of the sender of the notice.
- Cause of action Statement
- The relief sought by the sender of the notice
- A Summary of the legal basis of the relief claimed
What Are The Legal Requirements?
A legal notice is only filed in civil cases under Section 80 of the Code of Civil Procedure, 1908[1]. The legal notices impliedly contain the following information:
- A summary of the facts and possible solution to the complaint.
- A detailed description of the aggrieved party’s problems, as well as what can be done to resolve them.
- The solution to the problem must be clearly stated.
- A detailed account of how the relief can be obtain or problem solved if the grievance is mutually agreed upon.
- Accurate information award the complainant that will be the subject of action.
Methods for Taking Action
- Prepare a legal notice, including the issue the release seeks and a set amount of time, around 30 to 60 days. Within which the problem must be resolved. This notice must be sent by registered mail to the other party and addressed to them specifically.
- After sending the notice, keep a copy of the receipt. If a lawsuit is filed, they might be helpful.
- You must allow the allotted amount of time for the filing of a lawsuit.
- The person, entity, or party to whom the notice was served now has a defined time to respond to the notice or settle out of court.
If the other party does not respond to the notice, they will be at a disadvantage when they appear in court. Even if the party ignores a legal notice, the aggrieved party must pursue their grievances through the judicial process.
Conclusion
If you want to take your complaint to the consumer court, you must follow a specific procedure, which is given above. To begin, you must file a complaint within the limitation period of two years. If you file one after the two-year deadline, you must provide sufficient justification for the delay, and the court may still reject your case if the claimed reason is not justifiable. The steps outlined above are the proper procedure to follow before filing a consumer complaint in court.
