Is Sending Legal Notice Mandatory Before Filing Consumer Complaint?

Answer:

Sending legal notice to opposite party is not mandatory before every consumer complaint. But it is recommended in majority of consumer cases. Sending legal notice before consumer complaint filing creates written evidence that shows consumer had given chance to opposite party to settle the grievance before taking legal route. Legal notice also helps consumers in organizing facts, documents, demanded relief and legal position before filing complaint. Many times, strong legal notice can result in settlement, refund, repair, claim processing or service free remediation without even going to consumer forum.

Legal notice should not be emotional. Legal notice must contain name of consumer, detail about opposite party, brief about transaction/payment, service deficiency, details of communication between parties if any, how consumer was affected due to service deficiency or unfair trade practice by opposite party, what documents consumer has to support his claim, and what consumer wants opposite party to do.

For NCDRC and SCDRC matters, sending legal notice hold more importance than simple consumer disputes. Consumer matters that go to NCDRC are high-value which means serious money is involved. If opposite party ignores legal notice or send vague reply to legal notice that conduct can help consumers case during litigation. But legal notice should be drafted carefully. Weakly drafted legal notice can harm consumers case. Careless wording in legal notice can create contradictions. Opposite party will try to use these contradictions against consumer during litigation.

LEGAL365 led by Advocate BK Singh recommends sending legal notice where it adds value to consumer case. We don’t recommend clients to send legal notices just to create paper trail. Sending legal notice is meant to preserve facts, demand remedy and prepare foundation for consumer litigation.