Lot of Business People and Entrepreneurs or Individuals persons are confuse How to send a legal notice online without the help of a lawyer to any person or a Company or a Employee or a Employer in India. So Today lets learn about the How you can file the Legal Notice against any person or company in india.
How to Send a Legal Notice in India
What is legal notice
As per the wikipedia legal notice is the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations or duties. It is a notice indicating your opponent that you are preparing to litigate a lawsuit against him in case the so called demand is not fulfilled. A legal notice could be a formal communication to someone or entity informing him that you simply will undertake legal proceedings against him. it’s a step taken before filing a suit, and is supposed to warn the opposite party that legal proceeding is also taken against him/her, if he/she fails to comply with specified condition, for an instance, a legal notice served upon a tenant by a landowner for non-payment of rent typically states that if the tenant fails to pay the prior decided amount by a specified date, the owner can initiate legal proceeding against him.
Who can issue Legal Notice in India
Legal Notice can be issued by a consumer himself. later if clients wills then legal notice can be issued through Advocate. So in the starting any consumer or person or individual can draft the legal notice or you can say a letter of the notice for your issues.
Contents of the Legal Notice in India
In the Legal Notice mostly following contents or points must be included in any notice in India.
- Concise statement of the material facts giving rise to the claim;
- Relief sought by the plaintiff against each named defendant;
- Concise summary of the legal basis for the relief sought
Procedure to Send a Legal Notice in India
Step 1- The person can draft the notice on its own or can avail the services of a professional lawyer or advocate. There are lot of good templates of the Legal Notices available on the many websites where you can download the desired format and change as per your convenience.
Helpful Resources for Download Legal Notice Format in India
- Notice of Recovery Debts Format
- Notice-Personal Loan/cheque Dishonour Format
- Notice for Recovery of Salary
- Notice by Landlord to Tenant for Demand of Possession of House
- Notice to Bank for Loan issue Format
So these above are some Popular Legal Notice format which you can used. Credits goes to freelegalhub Blog.
Step 2- The notice ought to be self-addressed to the person against whom you have grievances.
Step 3- Mention the reasons clearly which compelled you to send the notice.
Step 4- Mention previous communications concerning the cause of the notice.
Step 5- Offer the recipient a reasonable time i.e 30 days or 60 days to settle the matter by negotiating and by performing the desired action.
Step 6- Offer time in notice for either fulfillment of your demand or providing reply within given time.
Step 7- Send it through registered AD post. Keep a duplicate of receipt of post office likewise as notice.
So above are step by step procedure about How to send a legal notice in India.you can personally send the legal notice without the aid of any lawyer however it is suggested to draft the notice meticulously in such a way that it states all the reasons for serving the notice and all the material contents related to the cause.
The above mentioned procedure can be availed when there is any irregularity faced by individuals or by any consumer while availing services but there can be circumstances where one has been duped or be fooled by companies and their services unconsciously, hence in this case one can serve the guilty company a legal notice asking them to comply with the decided terms and conditions or the addresser of the notice can claim damages.
The procedure for sending legal notice in case of consumer complaint is not much different from sending normal legal notice.
When it comes to sending legal notice to any company it is not compulsory that the notice has to be served by any professional or any lawyer. If you are a resident of a metro city you can approach to dispute redressal forum which can also provide you effective relief against company’s misfeasance but it is merely an alternative when the matter is not grievous.
Apart from that if we go by proper legal method the respondent has to have all the documentation for eg. an invoice or bill for purchase of good or service, having invoice number and tax ID of the fallible company. Afterwards one can file complaint in elaborated manner. If it is a criminal complaint then respondent can take help from local police, if the matter is related to any insurance and banking issue then the Insurance Regulatory and Development Authority (IRDA) for insurance and banking issues, or the Telecom Regulatory Authority of India (TRAI) for telecom issues. Later on approach notary and get your complaint filed and the affidavit ‘notarized’. Then give defendant 15 to 45 days to comply with your demand. State in the notice that the respondent is encumbered to required the dispute before a client forum if they don’t get together or cooperate with each other.
Hope this Article helpful for you and you can learn about “How to send a legal notice in India”.