Introduction
Any Individual who purchases goods and services for his personal use and not for manufacturing or resale is called Consumer. We all are consumers in the literal sense of term.. A consumer is a user of goods and services. Every producer is also a consumer. When we approach the market as a consumer, we expect value for money, i.e., right quality, right quantity, right prices, information about the mode of use etc. but there are instances where consumer is cheated and harassed. Let the buyer beware which came into existence in the middle ages had been replaced by the principle of Consumer Sovereignty or Consumer is the King.
As per Section 2(7) of Consumer Protection Act, 2019 defines Consumer:
Consumer" means any person who— (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, 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; or (ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, 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.
Explanation.—For the purposes of this clause, (a) the expression "commercial purpose" does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment; (b) the expressions "buys any goods" and "hires or avails any services" includes offline or online transactions through electronic means or by teleshopping or direct selling.
Now we can get any type of service by paying the price. Legal notice can be send by the consumer against the supply of poor quality of good or service provided by the company or service provider i.e. seller. Legal can be sent by the consumer itself, which means the person who comes under the definition of consumer which defined under section 2(7) of the Consumer Protection Act 2019. Legal notice is the first step if the seller does not resolves the issue or defect. Legal notice can be sent if there is any deficiency in service and seller or service provider ignores to resolve the issue.
Before we learn the drafting of legal notice we must know the definition of Deficiency in service.
Deficiency is defined under section 2(11) of Consumer Protection Act, 2019:
Deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes— (i) any act of negligence or omission or commission by such person which causes loss or injury to the consumer; and (ii) deliberate withholding of relevant information by such person to the consumer.
Services is defined under section 2(42) of Consumer Protection Act, 2019
Service" means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, telecom, boarding or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service
A person can opt for remedy against deficiency in service by filling a case and claim compensation before the consumer forum. According to law, if the consumer does not gets appropriate result after sending the legal notice then he can file a case in a consumer forum and can appear before the hon`ble court even without lawyer.
Drafting of Legal Notice for Deficiency in Service
To,
M/s________
address
(give here the name and the address of the seller, service provider)
Sub: Notice against the defective goods/ deficiency of services by you
Sir,
The undersigned is a consumer as defined under Consumer Protection Act-1986 as we have purchased the (goods/services) from you receipt dated ________by paying an amount of Rs.____________
The said product/service is not up to the mark due to the following defect:
(Describe the defect in details under the consumer notice)
The above said act on your part has caused us great loss and damage besides mental tension, trauma and inconvenience and loss of value of money. You are hereby asked to replace/refund the said goods/services immediately within one week of receipt of this notice failing which the undersigned shall be free to launch legal proceedings against your act of unfair trade practice and deficiency of services and shall seek the refund the amount already paid to you with interest and damages for which you shall be liable.
This consumer notice may be treated as the last and final communication on the issue as I have suffered a lot due to your deficiency.
Thanking you,
Name
Address
By: Sanchit Arora
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