A legal notice in India is a process by which a party informs the other party of its intention to initiate the legal proceeding as well as the facts involving the injury caused to the party sending the notice.
Purpose of a Legal Notice
The basic purpose of drafting a legal notice is to inform the receiver that he has knowingly or unknowingly caused some damage to the sender which has resulted in the present situation.
Legal notice could be called as the last initiative to solve the matter outside of the court if the reply of the receiver is satisfactory to the sender and he has decided to solve the issue outside the court.
The other party is bound to send a reply to the said legal notice within a period of 30 days, after which the aggrieved party could initiate the proceedings for the court.
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Conditions where a Legal Notice could be sent
Security Refund
The security mentioned is the amount submitted to the landlord by the tenant at the beginning of the rental tenure. In case some damages have been caused to the property the landlord can keep the security deposit. However, in case the landlord keeps the security amount in an unjustifiable manner, then in such a situation the tenant may send a Legal Notice to the Landlord for the refund of the Security Deposit.
- Documents
- Tenant agreement
- Communication between the parties regarding the payment of the security deposit.
- Payment receipt of the security deposit.
- Bank details of the parties involved.
Cheque Bounce
In case the cheques are not processed successfully, for various reasons such as insufficient balance, discrepancy in the amount mentioned, incorrect amount, mismatch in the signature, torn or damaged cheque, such cheques are considered to be bounced. In India, most of the cheques bounce cases are due to insufficient balance.
After the cheque has been bounced the payee has to send a legal notice within a period of 30 days from the date of the return of the memo from the bank, the drawer if does not make the payment within a period of 30 days from the date of receiving of such notice, the payee can initiate the court proceedings.
Requirements
The validity period should not have expired.
The cheque must have been bounced due to insufficient balance.
The reply of the notice is not received within the required period.
Insolvency
In case a person is not financially able to repay the debt, the situation is known as insolvency.
Under Section 8 of the Insolvency and Bankruptcy Code, 2016, the creditor sends a Demand Notice to the debtor, to repay the debt. The said notice has to be sent to the corporate office or the registered office or both of the debtor, once served, it shall be considered to be a valid proof of service.
The notice could be sent by the person himself or by his representative. A waiting period of 10 days is provided as per the law, after which the creditor can file the application with the National Company Law Tribunal.
Notice to the Manufacturer or Retailer for faulty products
In cases where a consumer purchases a product which turns out to be faulty or damaged, the customer has the right to complain regarding the same and get the paid amount or compensation for the same.
Before filing the complaint with the respective forum, the consumer has to Send a Legal Notice to the Retailer or the Manufacturer. The required documents for a legal notice draft are-
Original copy of the bill
Proof of the damaged product
Proof of the attempts made for refund or replacement.
An experienced advocate could help you file the complaint in the respective Forum as well as send the required Notice also. Lead India provides you an experienced team of advocates who have been successfully dealing with issues involving the consumer redressal as well as drafting various notices.
Arbitration
As per the provisions provided under Section 21 of the Arbitration and Conciliation Act, 1996, a Notice has to be mandatorily sent to the other party, before the matter is referred to the arbitrator. In case the conditions provided under the Section 21 of the said Act are not complied with the proceedings as well as the reward provided under the proceedings shall be declared null and void.
The Notice is sent so as to make sure that the party against whom the notice has been sent is aware of the claims against him.
Also, the party gets the opportunity to analyse the claims and to prepare his her defence.
Unless the notice is sent, it can’t be made sure if the procedure for the appointment of the arbitrator as well as other procedures as were provided under the arbitration clause have been followed or not.
The appointment of the arbitrator is very important, and the notice provides the parties to ensure the same.
Recovery of the Dues
In case a person owes another a sum of money, the other party could formally intimate the same by sending the borrower a Legal Notice. It could be called as a warning to pay the due amount failing to do which the sender would initiate the proceedings for a recovery suit in the court of appropriate jurisdiction.
It has to be noted that while sending a legal notice, the language as well as the content of the legal notice shall be appropriate and should include the required facts. A well drafted legal notice could be quite impactful and a lot of cases could be sorted out without the need of moving the Court of Law. Thus, the aggrieved party is advised to appoint an experienced advocate to send the notice as well as, the advocate in the said instance, advise you about the various legal options available to you as per the requirements of your case.
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