Before one files a consumer complaint at a District Forum, many lawyers suggest that the opposite party must be sent a legal notice by registered post. This notice must inform the opposite party that legal proceedings will be initiated if it does not satisfy the Claimant’s demands within a stipulated period. but the question is, where this requirement of a notice stem from, and can this notice be sent by email/communicated over the phone? Then no problem we will assist you in a very professional way.

Notice sending process:

After filing a consumer complaint, it is not mandatory to send a notice to the Opponent Party, but it is definitely advisable to serve a notice to the respondent/Opp. Party claiming compensation. This, as you have pointed out is suggested by many lawyers since it is a stratagem to strengthen your case before the court of law as well.

The requirement of notice, as under S.80 of CPC, is not applicable to consumer forum disputes. If the Opp. Party does not comply with the requirement of the notice, then it is open to the complainant to opt for litigation.   A notice could to be served in accordance to the procedure given under S.28A of the Consumer Protection Act. The notice has to be sent through registered post to the Opp.

Party against whom the complaint is made or by speed post or by such courier service as are approved by the District Forum, the State Commission or the National Commission, as the case may be, or by any other means of transmission of documents (including FAX message).   Emails or telephonic conversations cannot be used for serving of such notice. All the notices to be served to the Opp. Party have to be served to the place where he carries on his/her business/profession