SPECIMENS OF NOTICE, COMPLAINT, AFFIDAVIT ETC.
The most important thing in case of grievance of the consumer against the party in default is negotiation or correspondence between the parties. Through that the consumer is able to know where he stands, and how he is to proceed against the party in default. If the matter is not settled mutually between the parties through negotiations, it may become necessary to give a “Notice” to the party in default conveying the intention that if still the matter is not amicably settled, the consumer shall be left with no other alternative but to the take legal action. Although such a Notice is not mandatory, it is advisable before a legal action is brought. Such a notice maybe given by a consumer himself or through a lawyer. If the matter is settled through a Notice, then the botheration, expense and time involved in legal action is saved.
The Notice should convey the details of the transaction complained of, earlier negotiations or correspondence, the grievance of the consumer, and whatever relief the consumer expects. The legal case will have to be consistent with the notice. The Notice is in the form of a letter.
Please keep a copy of the Notice for your record. In fact, in respect of every transaction you make, and also subsequent negotiations and correspondence, complete record should be kept. The Notice should be sent by Registered or Speed Post.
SPECIMEN FORMAT OF NOTICE BEFORE FILING COMPLAINT (in case of defective goods)
From : ABC Date:………..
(Give name and complete address of the person havinggrievance)
To : XYZ
(Give the name of the person/firm/institution etc. and the complete address thereof against whom the Notice is to be sent)
Subject : Defect in the wrist watch manufactured by your company
I purchased a gents wrist watch manufactured by you from (give the name and address of the dealer) for Rs. 1080/- vide cash memo no. 478 dated 11.1.99. The wrist watch did not give proper service and stopped functioning on 1.2.99. It was taken to the dealer concerned immediately. He tried to repair the defect but the watch did not function properly and stopped again after about 3 weeks. There is a manufacturing defect which cannot be set right by repairs. I sent a Registered A.D. letter to you, vide Receipt No. 672 dated 1.5.99 complaining about the above-mentioned defect, but I am sorry to say that I have not received any reply from your side. The guarantee card accompanying the watch states that the watch is guaranteed for 12 months against any manufacturing defect. Since the watch has not functioned properly right from the beginning, it obviously suffers from a manufacturing defect. Kindly note that such a defect in the goods, amounts to breach of implied condition of warranty, according to which the goods should be suitable for the purpose for which they are purchased. In such a case you are duty bound to take back the goods, and pay back the price or, in the alternative, replace the goods, so that the replaced goods render proper service.
I, therefore call upon you to either (i) pay back to me the price (Rs. 1080/-) which I paid for the watch alongwith compensation and costs of Rs. 5,000/-.
or, (ii) Replace the watch with another piece free from any defect and compensation of Rs. 5000/-.
Please give necessary instructions to your above mentioned dealer to do the needful within 15 days of the receipt of this letter, failing which I will be left with no other alternative but to bring a legal action against you and that will be at your risk, cost and responsibility.