Importance of Sending Legal Notice Before Filing Consumer Complaint

How Sending Legal Notice Before Filing a Consumer Complaint is Important?

Online Legal India LogoBy Online Legal India Published On 08 Jun 2022 Updated On 11 Jun 2022 Category Consumer Complaint

What is a Legal Notice? 

If you wish to submit your complaint to a consumer court, you must follow a specific procedure. To begin, you must file your consumer complaint within two years of the occurrence of the grievance. If you file one after the two-year deadline, you must provide sufficient justification for the delay, or the court may reject your case.

 

Let's say you're considering going to court because the firm or individual who sold you a subpar product or service has failed to adequately respond to your complaints. You may have contacted the customer service number and filed a complaint (even received a complaint number) that was not properly handled. Alternatively, you may be displeased with the company's response or offer.

 

It is preferable to give the opposing party or parties 15 days' notice before filing a consumer complaint. You should describe your grievance in this notice, which should preferably be typed out and submitted by speed post or registered post A.D., outlining your concern, how long it's been, what kind of corrective action you expect from the company, and what kind of compensation you seek, if any. Keep a copy of this and all other correspondence for your records.

 

A legal notice for a consumer case is normally handled by consumer lawyers that specialise in these types of cases.

 

According to the legislation, the legal notice for consumer claims is a crucial notion. In consumer lawsuits, it is critical for the seller to respond to such a legal notice. And, if necessary, contest the case in the appropriate forum.


 

The entire concept is based on the Consumer Protection Act of 1986's rules and regulations. Under this agreement, the seller is responsible for ensuring good quality to customers and resolving any issues that may arise.


 

Always contact a branch office of the company that is closest to your home. If you need to meet with their representative in person, this will make it easier for you to do so.

Adhere to the Complaint Format

Index - Your consumer complaint should preferably be typed, with an index page listing the page numbers of the following elements.

 

Contact Details - Name, address, phone and cell phone numbers, and email address should all be included in the complaint, as well as the name, registered address, contact information, and e-mail address of the opposing party or parties.

 

Complaint - The case's facts should be listed in chronological order in the complaint. You must also state when and where the problem started, and you may refer to page numbers in the attached documents. It is necessary for you to sign your complaint.

 

Papers -  Xerox copies of all documents supporting your claim should be included.

 

Relief -  Include what you're looking for in the next column, such as a replacement, a refund, or more damages.

 

Affidavit - An affidavit stating that the facts are true to the best of your knowledge is also required.

 

At least three copies of your consumer complaint must be filed with the District Forum and State Commission, while four copies must be lodged with the NCDRC. Depending on the number of opposing parties, additional copies may be required.

Important Considerations When Drafting a Legal Notice for Consumer Cases

The following points should always be kept in mind when writing a legal notice:

  • The name, description, and location of the vendor of the goods/services should all be included in the legal notice
  • The date from when the problem arose should be mentioned in the legal notice
  • The notice should include all relevant facts and grievances, as well as dates
  • The notice should explain how the seller's failure to supply quality goods/services resulted in the consumer's complaint
  • It must also provide a detailed description of the plaintiff's intended course of action
  • It should include all previous communications if any have been made
  • It should provide a suitable amount of time (typically 15 to 30 days) to complete the task

If you have any problems related to consumer rights and want to take further action to get justice, contact Online Legal India’s team of professionals who can help you out in every stage from legal notice to filing your complaint.

 


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