The whole concept of consumer redressal starts when a particular consumer is unhappy with a product or service availed from a particular seller. The basic idea of sending a legal notice is to allow the party time to rectify the damaged good/service or compensate for the loss.
A legal notice for consumer case is usually dealt with the help of consumer lawyers who specialise in handling such matters.
You can find sample format of a legal notice in pdf format here. But it's advisable to seek lawyer consultations for the same, as each case is different.
The legal notice for consumer cases is a vital concept in accordance with the law. It's important for the seller to reply to such a legal notice for consumer cases. And contest the said matter in the appropriate forum.
The whole concept is based on the rules and regulations set forward in the Consumer Protection Act, 1986. Under which the seller is liable to ensure good quality to consumers and rectify for any grievances caused.
When to send a legal notice for consumer cases?
Sending a legal notice under the Consumer Protection Act involves the following situations:
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The seller providing the goods or services was unable to fulfil their responsibility of supplying quality goods or services.
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Dissatisfaction of the consumer with the goods or services provided by the seller.
Therefore, when such scenarios occur, it's best to approach a good consumer lawyer in India to seek redressal as quickly as possible!
What do you mean by a legal notice for consumer cases?
You must be wondering what is a legal notice with regard to consumer cases. First and foremost what one needs to know is that a consumer consumes various forms of goods and services other than the basic necessities of life including clothing, food and shelter.
Other products including soaps, perfumes, digital cameras, cell phones, cosmetics fall under the category of consumables. Thus, if one looks at it in the general sense, we all are consumers.
The main thing that a consumer looks for while purchasing or availing of any goods or service is the value for his money. By value for money, one means quantity, quality, right pricing, etc.
The real issue crops up in situations like:
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When the seller is depriving the consumer of quality goods or services
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When a consumer does not receive his money’s worth
So when either of this is the case, it means you need to send a legal notice for redressal.
Importance of Consumer Protection
Before discussing the importance of the Consumer Protection Act, let's take an example of selling medicine post expiry date. In this scenario, selling expired medicine, a consumer legal notice needs to be sent by the concerned advocate.
Now let's take a look at the importance of Consumer Protection.
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Providing Market Information: One of the vital points with regards to the importance of Consumer Protection is providing market information. Till date, most consumers are not fully aware of the type, quality, and price of the product they're purchasing. This is where protecting the interest of the consumer becomes important. A legal notice is a must for consumer cases and it is also advisable. The legal notice format for consumer cases can only be properly designed by someone who has expertise in consumer law and rights.
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To Organize Consumers: Another important area whereby Consumer Protection becomes necessary is while dealing with the organisational structure of consumers. The Indian consumers are generally scattered over a wide geographical area which is where the problem occurs. One of the vital factors for businessmen in exploiting the consumer(s) is due to the haphazard organisations by consumers. Take for example, in India any legal notice for consumer cases in property matters can be sent when a consumer has been wronged while dealing in property. In India, today, various legal notice in consumer cases for property dealer is being filed on a regular basis. Once you have written the notice in the right format for a consumer case, legal notice works wonders for your legal representation in the court.
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Importance Regarding Physical Safety: Another important reason why consumers need to be protected is for their very own Physical Safety. The Indian market is almost full of different products. In this scenario, many of the products might turn out adulterated which might lead to health hazards for the consumers. If such a scenario does crop up then a legal notice to the other party can be sent by the consumer. One can easily find the pdf for legal notice in consumer cases online today, but even then a lawyer's opinion counts.
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Avoiding Monopoly: Before discussing how avoidance of monopoly is important for consumer protection one must know that consumer rights are actually protected and safeguarded under the Consumer Protection Act. A legal notice is not mandatory, but still advisable. The legal notice to be submitted before the consumer court is usually drafted by an advocate keeping in mind all the rules and regulations of the Consumer Protection Act. Under this Act, a legal notice is the first step taken by the said consumer towards redressal. Nowadays, most of the organisations in the world are practising monopoly. They charge exorbitant prices from the consumers which are unfair. This is why consumer protection is of the utmost importance.
To understand the legal notice for consumer complaint in India, you can always take the help of an advocate, that you can avail through MyAdvo. Now let's take a look at some of the basic rights which a consumer should enjoy.
Basic Rights of a Consumer
Before getting into details of some of the basic rights that a consumer enjoys, one must have knowledge of the consumer complaint forum and the importance of a legal notice drafted for consumer cases.
Meaning when a consumer is facing deprivation of his/her rights, then he/she can exercise their right and file a complaint for redressal in the appropriate forum.
The sample for consumer legal notice along with consumer legal notice model can easily be searched for in the Bare Act for a ready referral or here.
Now let us take a look at some of the basic rights that consumers enjoy.
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One of the most basic rights concerned with the protection of consumers against the marketing of any goods or services in any way is that if the product/service prove to be hazardous in nature to property and life. An important point to remember is that any consumer forum legal notice made by an advocate should be in accordance with the Consumer Protection Act, 1986.
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Another important right which any consumer enjoys is the right to receive access to various services and goods wherever it is possible. The prices being dealt out here should be competitive in nature.
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All consumers have a right to be heard in the appropriate forums that are made specially to deal with any consumer problems or grievances.
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Every consumer has the right to seek any form of redressal against unfair trade practices.
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Last but not least, there is a right to educate every consumer about the goods and services they are dealing with.
Now let's have an idea of the Consumer Redressal Forum.
What is a Consumer Redressal Forum?
It's a known fact that under the Consumer Protection Act, each and every district has at least one Redressal Forum or Consumer Court. As the name aptly suggests, these courts are there to specifically deal with consumer grievances.
The National Consumer Disputes Redressal Commission in New Delhi is at the top of the hierarchy of all consumer forums. In Delhi, legal notice is mostly sent here for the hearing. One should draft the legal notice in a proper manner because later, you can even present it as evidence in the Court of Law.
A legal notice is a piece of very good evidence showing the consumer of the said goods/services. It gives an opportunity to the seller to rectify the error caused by him/her.
Points to Remember for Drafting a Legal Notice for Consumer Cases
While writing a legal notice, one should always keep the following points in mind:
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The legal notice should contain the name, description, and place of residence/office of the seller of the goods/services
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The legal notice should mention the date from when the issue has taken place
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The notice should mention all the facts and grievances in details with proper dates
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The notice should mention how the seller’s irresponsibility to provide quality goods/services caused the consumer grievance
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Also, it must contain in detail the course of action the plaintiff is planning to take
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It should mention all the previous communications if any made
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It should offer a reasonable time (usually 15 to 30 days to settle the said matter)
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Once the notice bears the sign of the lawyer and the sender, the lawyer retains a copy of the same
Who to Ask for Sending a Legal Notice for Consumer Cases?
When any seller does not provide quality goods/services to the consumer at the desired price, sending a consumer case legal notice becomes necessary. Since a lawyer’s letterhead is of prime importance in sending a legal notice, it’s best you consult a lawyer.
You can find expert lawyers in the field of consumer cases near you in India through MyAdvo. With us, you get access to finding many good lawyers, who are experts in sending a legal notice. All you have to do is just select one that matches your criteria.
MyAdvo acts like a legal concierge to provide you with a directory of lawyers near you, who have attained great expertise in their respective legal domains. We provide you with the finest legal minds of the industry from over 10,000 lawyers across 500+ districts, right at your screen.
Just express your query via mail on consult@myadvo.in or simply call us at +91-9811782573 to resolve any and every kind of legal problems.
External Links:
[1] Consumer Complaint Form - Model form of notice, complaint, affidavit, and reply.
[2] Consumer Protection Act, 1986 - The Consumer Protection Bill, 1986 seeks to provide for better protection of the interests of consumers and for the purpose, to make provision for the establishment of consumer councils and other authorities for the settlement of consumer disputes and for matter connected therewith.
[3] National Consumer Disputes Redressal Commission in New Delhi - The National Consumer Disputes Redressal Commission (NCDRC), India is a quasi-judicial commission in India which was set up in 1988 under the Consumer Protection Act of 1986.