In India, there are billions of consumers who buy anything from luxury items like televisions and cars to small necessities like food and drinks. To safeguard these customers' interests and provide an effective resolution to issues that pertain to them, the Consumer Protection Act of 2019 went into effect. In order to provide customers with pleasure and redress, the process of submitting a consumer court case has been made exceedingly convenient and expedited.
What is a Legal Notice?
If Consumer courts require that you follow a specific procedure when filing a complaint. The first step is to file your consumer complaint within two years after the grievance occurred. The court may reject your case if you file one after the two-year deadline without sufficient justification.
Now let us say you’re thinking about bringing legal action because the company or person who provided you with a mediocre good or service did not sufficiently address your issues. You might have called the customer support line and complained about something that wasn’t handled properly (you might have even been given a complaint number). As an alternative, you might not like the company’s reaction or offer.
Before submitting a consumer complaint, it is preferable to provide the opposing party or parties with 15 days’ notice. In this notification, which should preferably be printed out and sent by speed post or registered post A.D., 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 are seeking. For your records, save a copy of this and all other correspondence. Consumer attorneys who focus on these matters are typically the ones to handle a for a consumer lawsuit. The legal notice for consumer claims is an important concept, according to the law. It is crucial for the seller to reply to such a legal notice in consumer disputes. Additionally, if required, challenge the matter in the proper forum.
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. 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.
Follow the Complaint Format
Index: Preferably, your complaint should be typed out and have an index page giving the page numbers of the following inclusions.
Contact Details: The complaint should have your name, address, telephone and cell phone numbers, and email address, as well as the name, registered address, contact details, and e-mail address of the opposite party or parties.
Complaint: The facts relating to the case should be mentioned, in chronological order. Here you are also required to specify when and where the issue arose, and you can point to the page numbers of the attached documents. Your complaint should be signed by you.
Documents: You should include Xerox copies of all the documents that support your claim.
Relief: The next section should contain what you seek, such as a replacement, refund, or additional damages.
Affidavit: You will also need to include an affidavit stating that the facts are true to the best of your knowledge.
In the District Forum and State Commission, you will have to submit at least three copies of your complaint, while the NCDRC will require four copies to be filed. Additional copies may be necessary depending on the number of opposite parties.
Legal Notices For Consumer Cases: Factors To Be Considered!
When composing a legal notification, the following considerations should always be made:
- Included in the legal notification should contain the vendor’s name, business description, and address
- In the notice it should be stated when the issue first surfaced
- The notice must contain all pertinent details and complaints, as well as dates
- The notice should detail how the buyer’s complaint was brought about by the seller’s failure to deliver high-quality goods or services
- Additionally, a thorough explanation of the plaintiff’s anticipated course of action must be included
- If there have been any prior communications, they should all be included.
- It should give sufficient time (usually between 15 and 30 days) to do the assignment.
You’ll have to follow a certain procedure if you want to take your complaint to a consumer court. First of all, your case must be filed within two years of the cause of the grievance. If you file one after the stipulated two-year period, you must give sufficient reason for the delay and the court can still reject your case. Contact the team of experts at Vakilsearch if you are having issues with consumer rights and want to take further action to obtain justice. They are the best legal service provider in India, who can assist you at every stage, from receiving legal notice to submitting your complaint.