Ubi Jus Ibi Remedium is Latin for “For every wrong, the law provides a remedy”.
If a right is provided by the law, then you may approach the court if it is infringed or invaded. The court shall meet the ends of justice and provide relief in the most appropriate manner.
In day to day transactions, we come across situations where we feel our legal rights have been infringed. Such situations may be of various natures, for example:
1. A deficit in services provided to the consumer,
2. Manufacturing defect in the goods sold to a consumer,
3. Non-payment of the amount due to any individual, company, firm etc for the services rendered,
4. Irregular termination of services of an employee by the employer;
5. Wage dispute at the workplace;
6. Family disputes;
7. Property disputes;
8. Rental or Tenancy disputes etc.
When faced with such situations, approaching a legal forum is thought to be the best idea. But, a legal professional shall always suggest serving a ‘Legal Notice’ as the first step.
A Legal Demand Notice is a formal communication to any person or entity informing about the infringement of the legal right and the intent of recoursing to legal forum against them if the required steps are not undertaken within a reasonable time as mentioned. It serves as both an opportunity and a warning.
A Legal Notice is of great importance and evidentiary value before the Courts, if they approached for resolving the dispute.
What details should a Legal Notice constitute?
The legal notice must be complete, detailed and correct in all respects to give appropriate information to the served party.
1. The notice must be able to provide information regarding the
a. Details of the parties involved,
b. details of the transaction,
c. all the important dates with respect to the dispute,
d. details of the commitments made by the parties and their fulfillment/ breach,
e. the cause of action,
f. any oral or written communication undertaken by the parties prior to the said legal notice with respect to the dispute,
g. the monetary value involved in the dispute,
h. details of the receipts drawn,
i. the relief sought, example- compensation with interest, replacement of goods etc,
2. It is necessary to grant a time frame in the legal demand notice as an opportunity to make good the damages/ loss suffered or to fulfill the liability as per the law. The time frame may either be a reasonable period ranging from anything between 15 days to 30 days or as per specific provisions of any Act with respect to the nature of the dispute. Example- for cheque dishonor cases, a 15 days period from the date of service of the notice has to be mandatorily provided to the accused.
3. The notice must be duly signed by the client and the lawyer if has been engaged. A legal notice is preferred to be sent via Registered Post or Courier and the acknowledgement along with the copy should always be retained.
4. The legal notice must be drafted with extreme care for the choice of words, language of the content as well as the facts being mentioned. A good measure of caution is required to be taken since a legal notice is of evidentiary value before the court and any incorrect or misleading facts may land you in trouble and not fetch the results as expected. It is for this reason that a Legal Notice should be sent through an Advocate who has expertise in the subject matter and will be able to foresee the consequences of all the aspects of the Legal Notice.
5. A reply to legal notice is not mandated under any law. Thus, after dispatch of the aggrieved person has to track down the status of any action undertaken by the person served and if no steps have been undertaken as per those mentioned in the Legal notice, the appropriate legal forum must be approached well within time.
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