Buys goods or hires/avails services for consideration
Includes online, e-commerce, teleshopping purchases
Does not include goods/services taken for resale or commercial purpose (except self-employment)
Purpose in Legal Notice: To establish that the complainant legally qualifies as a consumer under the Act.
2. Section 2(21) – “Deficiency”
Meaning: Any fault, imperfection, shortcoming or inadequacy in:
Quality
Nature
Manner of performance
Service promised by law or contract
Examples:
Delay in delivery
Poor service
Non-refund
Incomplete work
Purpose in Legal Notice: To prove deficiency in service by the opposite party.
3. Section 2(47) – “Unfair Trade Practice”
Meaning: Any unfair or deceptive practice, including:
False representation
Misleading advertisements
Charging excess price
Concealment of material facts
Purpose in Legal Notice: To show that the service provider indulged in fraudulent or misleading conduct.
Section 39 – Reliefs Available to Consumer
Consumer Commission may order: ✔ Removal of defects ✔ Replacement of goods ✔ Refund of amount paid ✔ Compensation for loss/mental agony ✔ Discontinuation of unfair trade practice ✔ Withdrawal of misleading advertisement ✔ Punitive damages (where applicable)
Purpose in Legal Notice: To formally demand reliefs and warn of legal action before filing a consumer complaint.
Why This Legal Notice Is Issued
To give the service provider one final opportunity to resolve the dispute
To comply with principles of natural justice
To avoid litigation if settlement is possible
Common Situations Where This Notice Is Used
Builder–buyer disputes
Online shopping fraud
Defective products
Insurance claim rejection
Medical negligence
Travel & hospitality disputes
Coaching institute fraud
Standard Closing Line (Sample)
If you fail to comply within 15 days, my client shall be constrained to initiate appropriate proceedings before the Consumer Commission at your sole risk, cost, and consequences.
CASE LAWS SUPPORTING CONSUMER LEGAL NOTICE
(CPA, 2019 – Definitions, Deficiency & Reliefs)
1. Who is a “Consumer” – Section 2(10)
Laxmi Engineering Works v. P.S.G. Industrial Institute
(1995) 3 SCC 583 – Supreme Court
✔ Held that:
A person purchasing goods/services for self-use or livelihood is a consumer
Commercial purpose must be interpreted narrowly
Use in Notice:
Establishes complainant’s status as a “consumer”.
Kavita Ahuja v. Shipra Estates Ltd.
I (2016) CPJ 31 (NC)
✔ Buyer of flat is a consumer ✔ Delay/defects amount to deficiency
Useful for: Builder-buyer disputes
2. Deficiency in Service – Section 2(21)
Lucknow Development Authority v. M.K. Gupta
(1994) 1 SCC 243 – Supreme Court
✔ Deficiency includes:
Delay
Negligence
Harassment
Mental agony
Landmark case – most cited in consumer notices
Haryana Urban Development Authority v. Raje Ram
(2008) 17 SCC 407
✔ Failure to deliver promised service = deficiency ✔ Compensation is justified
Ghaziabad Development Authority v. Balbir Singh
(2004) 5 SCC 65
✔ Consumer Commissions can grant:
Compensation
Interest
Mental agony damages
3. Unfair Trade Practice – Section 2(47)
Skypak Couriers Ltd. v. Tata Chemicals Ltd.
(2000) 5 SCC 294
✔ Misrepresentation & false assurances = unfair trade practice ✔ Disclaimers cannot override consumer rights
DLF Ltd. v. Mridul Estate Pvt. Ltd.
(2013) 14 SCC 22
✔ One-sided terms & misleading promises are unfair trade practices
Use when:
Hidden charges
False advertising
One-sided contracts
4. Reliefs by Consumer Commission – Section 39
Charan Singh v. Healing Touch Hospital
(2000) 7 SCC 668 – Supreme Court
✔ Compensation must:
Redress injury
Deter wrongdoing
Be realistic & just
Spring Meadows Hospital v. Harjol Ahluwalia
(1998) 4 SCC 39
✔ Compensation can be awarded for:
Mental agony
Harassment
Negligent service
5. Online / E-commerce Consumers Covered
Amazon Seller Services Pvt. Ltd. v. Amrita Nanda
2022 (NC)
✔ Online buyers are consumers ✔ Platform liability recognised
Very relevant for e-commerce disputes
HOW TO CITE IN LEGAL NOTICE (Sample Line)
“The acts of your client squarely fall within the definition of ‘deficiency in service’ under Section 2(21) of the Consumer Protection Act, 2019 as laid down by the Hon’ble Supreme Court in Lucknow Development Authority v. M.K. Gupta (1994) 1 SCC 243…”
Purpose / Meaning: Issued before filing a civil suit to:
Demand performance of obligation
Seek recovery of money/property
Give last opportunity to settle dispute
📌 Common in:
Property disputes
Recovery suits
Injunction matters
2. Legal Notice under Section 80 CPC (Notice to Government)
Applicable Act:
Section 80, Code of Civil Procedure, 1908
Purpose / Meaning: Mandatory notice before filing a suit against:
Central / State Government
Public officers for official acts
2 months’ notice is compulsory (except urgent cases).
3. Cheque Bounce Legal Notice
Applicable Act:
Section 138, Negotiable Instruments Act, 1881
Purpose / Meaning: Sent by payee to drawer when cheque is dishonoured:
Demands payment within 15 days
Mandatory before filing criminal complaint
Without notice → case not maintainable.
4. Consumer Legal Notice
Applicable Act:
Consumer Protection Act, 2019
Purpose / Meaning: Issued against:
Defective goods
Deficient services
Unfair trade practices
Not mandatory, but strongly recommended.
5. Legal Notice for Recovery of Money
Applicable Acts:
Indian Contract Act, 1872
CPC, 1908
Purpose / Meaning: To demand payment of:
Loan
Outstanding dues
Professional fees
Often leads to settlement without litigation.
6. Employment / Labour Legal Notice
Applicable Laws:
Industrial Disputes Act, 1947
Shops & Establishments Acts
Contract Act
Purpose / Meaning: Used by employer or employee for:
Illegal termination
Salary dues
Breach of employment contract
7. Legal Notice for Divorce / Matrimonial Disputes
Applicable Acts:
Hindu Marriage Act, 1955
Special Marriage Act, 1954
Muslim / Christian personal laws
Purpose / Meaning: Issued for:
Divorce intention
Maintenance
Restitution of conjugal rights
Acts as pre-litigation intimation.
8. Legal Notice for Property Matters
Applicable Acts:
Transfer of Property Act, 1882
CPC, 1908
Purpose / Meaning: Used for:
Eviction
Possession
Encroachment
Partition disputes
9. Tenant–Landlord Legal Notice
Applicable Acts:
Transfer of Property Act, 1882
Rent Control Acts (State-specific)
Purpose / Meaning: Issued for:
Termination of tenancy
Rent arrears
Eviction demand
10. Copyright / Trademark / IP Legal Notice
Applicable Acts:
Copyright Act, 1957
Trade Marks Act, 1999
Patents Act, 1970
Purpose / Meaning: Sent to stop:
Infringement
Unauthorized use
Passing off
Often called Cease & Desist Notice.
11. Defamation Legal Notice
Applicable Laws:
IPC / BNS (Criminal Defamation)
Law of Torts (Civil Defamation)
Purpose / Meaning: Issued for:
False allegations
Reputation damage
Media / social media content
12. Company / Corporate Legal Notice
Applicable Acts:
Companies Act, 2013
Insolvency & Bankruptcy Code (IBC), 2016
Purpose / Meaning: Used for:
Shareholder disputes
Oppression & mismanagement
Debt default (IBC demand notice)
13. Legal Notice under IBC (Demand Notice)
Applicable Act:
Insolvency & Bankruptcy Code, 2016
Purpose / Meaning: Issued by operational creditor to:
Demand unpaid operational debt
Trigger insolvency process
Mandatory before filing NCLT petition.
14. Legal Notice for Breach of Contract
Applicable Act:
Indian Contract Act, 1872
Purpose / Meaning: Sent for:
Non-performance
Delay
Violation of terms
Quick Summary Table
Type
Act
Purpose
Civil Notice
CPC
Dispute settlement
Sec. 80 CPC
CPC
Notice to Government
Cheque Bounce
NI Act
Mandatory payment demand
Consumer
CPA 2019
Deficiency in service
Divorce
HMA / SMA
Matrimonial disputes
Property
TPA
Possession / eviction
Employment
Labour laws
Service disputes
IP
IP Acts
Stop infringement
IBC
IBC 2016
Debt recovery
Conclusion (One Line)
Legal notice is a formal legal warning and opportunity to resolve disputes before litigation, governed by specific statutes depending on the nature of dispute.
