LEGAL NOTICE UNDER THE CONSUMER PROTECTION ACT, 2019
(Notice of Consumer Complaint and Demand for Redressal)
WITHOUT PREJUDICE
By Registered Post A.D. / Speed Post / Electronic Mail
To,
________
(Company)
Through its Proprietor / Partner / Director / Authorised Signatory
________
GSTIN (if any): ________
Re.: Legal Notice of Consumer Complaint in respect of the Product "________" — Demand for removal of defects / replacement / refund and compensation.
Dear Sir/Madam,
Under instructions from and on behalf of my client, ________, son/daughter/wife of ________, residing at ________ (hereinafter referred to as "my Client"), I hereby serve upon you the following legal notice:
§ 1. Purchase of the Product
1.1. My Client purchased from your Company the following product, namely ________ (hereinafter referred to as the "Product"), bearing invoice/bill no. ________ dated ________.
1.2. The Product was purchased for valuable consideration of Rs. ________/- (Rupees ________ only), paid through the following mode: Cash, on ________.
1.3. My Client is a "consumer" within the meaning of Section 2(7) of the Consumer Protection Act, 2019, having purchased the Product for consideration and for personal use, and not for any commercial purpose.
§ 2. Defects in the Product
2.1. The said Product suffers from the following defects within the meaning of Section 2(10) of the Consumer Protection Act, 2019, and/or the services rendered in connection therewith amount to deficiency within the meaning of Section 2(11) of the said Act:
________
2.2. The aforesaid defects manifested within the warranty / guarantee period of ________ applicable to the Product, and the Product is not of the quality, standard or fitness represented by you at the time of sale.
§ 3. Prior Communications
3.1. My Client has repeatedly brought the aforesaid defects to your notice, the particulars whereof are as follows:
________
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§ 4. Loss and Damage Suffered
4.1. On account of your aforesaid dereliction and failure to make good the defects, my Client has suffered the following losses and incurred the following expenses, for which you are liable to compensate:
________
4.2. My Client further reserves the right to claim compensation for mental agony, harassment and litigation costs in the sum of Rs. ________/- (Rupees ________ only).
§ 5. Demand and Reliefs Sought
You are hereby called upon, at your election, to do all or any of the following:
(1) remove the aforesaid defects in the Product; or
(2) replace the Product with a new and defect-free Product of the same description; or
(3) refund to my Client the entire amount of Rs. ________/- paid towards the Product, together with interest at the rate of ________% per annum; and
(4) compensate my Client for the losses and expenses set out in § 4 above.
§ 6. Time for Compliance
6.1. You are hereby finally called upon to comply with the demands set out herein within ________ day(s) from the date of receipt of this Notice.
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§ 7. General
7.1. The costs, charges and consequences arising out of any such legal proceedings shall be entirely at your risk and to your account.
7.2. This Notice is issued without prejudice to all other rights and remedies available to my Client in law and in equity, all of which are expressly reserved.
7.3. A copy of this Notice has been retained in my office for record and future reference.
Thanking you,
Yours faithfully,
_________________
(Consumer / Advocate for the Consumer)
________
________
Mobile / Email: ________
Place: ________
Date: ________