The whole idea of introducing a consumer forum is to safeguard the rights of the consumer. The idea of consumer redressal begins when a customer is unhappy with a product or service or in case the person has received the wrong products. Well, there is an entire forum that is dedicatedly working to address the issues of customers, and we know them as consumer forums.
If you are an unhappy customer and are looking to report the matter to an authority, then you can issue consumer notice. It is a legal notice that mentions a consumer's case that has been cheated by the seller. This legal notice falls under the Consumer Protection Act and works as a shield to protect the rights of consumers. This legal notice falls under Section 80 of the Act.
The whole process of consumer notice begins when a consumer purchases a product and is unsatisfied with it, or there is some issue with the product or service, and the seller is not ready to accept it back. In such a case, the Section of Consumer Protection Act leverages the consumer to issue a legal notice for consumer complaints to the seller. The objective of sending a notice to the seller is to intimate the seller about the defect and give them time to rectify the product or service. This legal notice is dealt with by a consumer lawyer.
This entire process of consumer's right protection falls under the Consumer Protection Act, 1986. The act was made to protect the rights of the customer and, at the same time, set the protocol for the right way of grievance redressal.
One can send the legal notice for consumer complaint under the following situations:
If you wish to send a legal notice, then you must contact a consumer lawyer. They will help you with the right way of filing the legal notice.
There are several incidents when the consumer may end up getting the wrong product, and in case of a return, he/she is deprived of the rights. In such a case, the consumer may reach the consumer forum and send the consumer notice. The objective is to address the issues the consumer is facing and, at the same time, help him get the value for money. Despite stringent rules of consumer protection, there is little awareness of the same.
Also, it becomes important to understand why it is important to know about consumer protection:
One of the first reasons for having the consumer protection act is that most of the consumers are not aware of the type, quality, and price of the products that they are purchasing. Hence, it becomes important to protect the rights of the consumer. The legal notice is one such way to achieve the same. Here you must know that the legal notice must be designed by experts in this field and the one who knows about the format of filing the legal notice. We will be highlighting the consumer notice later in this blog.
One of the reasons that most of the consumers get tricked is because they are scattered across the geographical areas, which is why the problem occurs. The haphazard presence of consumers is one of the vital factors for tricking the consumer. This is mostly seen in the real estate sector. With a proper legal notice format, not only can you protect your rights, but at the same time, it will help in presenting the case of the consumer.
The Indian market is open to a lot of products. Some of them turn out to be good, but there is also a fair chance for adulterated products to venture into the market, these products can impact the health of the consumer. Hence, they need to be protected from such products. In case such a scenario emerges, then the consumer needs to be protected, and legal notice needs to be sent to the seller.
One must avoid monopoly. Is legal notice mandatory in consumer cases, if you are wondering about this, then you must know that it is advisable in case your issue is not getting addressed? This legal notice is submitted before the consumer court and is drafted by a lawyer who is an expert in this domain. Consumers need to know about their rights and how it protects them. Consumer Protection Act has been formulated. It has different provisions that will help a consumer protect his rights.
The Consumer Protection Act specifically mentions a certain format that one needs to know before filing the legal notice. The following is the legal notice format under the Consumer Protection Act, if you are unsure about the same, then it is advisable that you must consult a consumer lawyer or legal consultant who is well-versed with the law:
Here is a quick snap at the basic consumer notice format:
Index- It should have all the details of information along with page number and inclusions
Contact details- The section must have all the details about the address, contact information, emailed, registered address, email of the opposite party.
Complaint- In this section, you need to mention the details of the case in chronological order. Here you need to mention complete details about the case, what all communications took place between the two of you along with the date.
Documents- Make sure that you attach documents supporting your claim like receipt number, bill, etc.
Relief- In this section, you have to mention what replacement you are looking for.
Affidavit- You also need to attach an affidavit showcasing that the facts that you have mentioned in the notice are true.
Name and address (of the company to whom you are sending the legal notice) ...............................................................................................................
IN RE: (Mention about the product or the goods for which you are filing the complaint)
Now comes the body of the letter, here you need to mention in detail about the matter of concern. For example, if you have purchased a particular product and it turns out to be defective, but the trader or seller is not ready to take it back, or exchange it, then you have mentioned in detail about the same, like the kind of product, price of a product, receipt number, date of purchase, and the defects in the products.
After this, you must mention the losses that you have incurred because of the damaged product and also mentions what you expect in return for that. Make sure that you also mention the date when you would want to receive as the comp failing to which the seller will be liable to a civil and criminal case.
You must know that every district has one Redressal Forum or Consumer Court, where all the issues related to consumer rights are addressed. The National Consumer Disputes Redressal Commission in New Delhi is at the top of the hierarchy. You should draft the legal notice in a proper format such that your case is represented in the right manner.
What is a Consumer Notice?
A consumer notice is any notice that relates to rights or obligations between a trader and consumer.
What needs to be kept while drafting a legal notice?
A lawyer drafts a consumer notice, keeping into consideration all the rules and regulations of the Consumer Protection Act.
When can we send a legal notice?
Yes, an individual can send a legal notice if he has been aggrieved for any form of service or fault in the product.
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