Notice before Filing Consumer Complaint

The Notice before Filing Consumer Complaint ("Notice") is sent to the defaulting seller of products or service provider as a warning letter before filing a consumer complaint against them in the appropriate court. This Notice may be used as a reference document in the court at the time of filing the complaint.

Sending a warning Notice may help the sender to resolve the issues before moving to court and thereby saving the cost and time involved in it.

How to use this Agreement

A consumer can use this Notice, either in the case of defective product/s purchased or deficient service/s availed. The details such as products/services availed, consideration paid, details about the defects/deficiency in goods or services respectively, any previous communications with the recipient of this notice about the defects/deficiency, etc... can be mentioned under this Notice.

The sender can specifically mention the losses/damages incurred by him/her due to the defects/deficiency and can specifically ask for a refund of the same within the stipulated period.

Through this Notice, as far as the products are considered, the sender can ask for the remedies like removing the defects in the product, replacing the product with a new product, refunding the amount paid for the product, and paying the expenses/losses incurred by the sender due to defects in the product.

Through this Notice, as far as the services are considered, the sender can ask for the remedies like removing the deficiency in service, providing the service again without any deficiency, refunding the amount paid for the service, and paying the expenses/losses incurred by the sender due to deficiency in the service.

As per the Consumer Protection Act, The Notice can be sent by the following person/s:

• Consumer -

In the case of goods, a consumer means any person who buys any goods for consideration and includes any user of such goods other than the person who buys such goods for consideration, when such use is made with the approval of such person but does not include a person who obtains such goods for resale or for any commercial purpose.

In the case of services, a consumer means any person who hires or avails of any service for consideration and includes any beneficiary of such service other than the person who hires or avails of the services for consideration, when such services are availed of with the approval of the first-mentioned person but does not include a person who avails of such service for any commercial purpose.

• Legal Representative of the Consumer - A duly appointed legal representative of the consumer. A representation is possible based on a respective Power of Attorney duly signed by the Consumer.
• Legal Heir of the Consumer - Legal heir/s of the deceased consumer.
• Parent/Guardian of the Consumer - In the case of minor/s, their parents or guardians can initiate the legal proceedings against the erring seller/service provider.
• Voluntary Consumer Organization - such an organization must be registered under the Companies Act, 2013.
• Group of Consumers - one or more consumers having the same interest can initiate the legal proceedings.

This Notice can be sent through email, WhatsApp, post, etc... It's better to send a copy through a registered post with acknowledgement due to track the record of the same.

Through this notice, the sender warns the recipient to take necessary actions to resolve the issues or else, the sender will initiate legal proceedings against the recipient at the appropriate courts.

Applicable law

The laws under the Consumer Protection Act, 2019 will be applicable here. If the issues have not been resolved within the stipulated period mentioned under the notice, the sender can initiate legal proceedings in the Consumer Court. The legal proceeding under the Consumer Act must be initiated within 2 years from the cause of action.

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