NAME- RAJ VARDHAN AGARWAL

ENROLLMENT NO- A90821517066

COURSE- BBA LLB (H)
SEMESTER-6TH
SUBJECT- LEGAL NOTICE ( NTCC REPORT)
SUBMITTED TO- MRS DEBASHREE MUKHERJEE
INTRODUCTION
All forms of formal communication have a pre-planned arrangement which every
person who indulges in it, has to follow. This pre-planned arrangement is known as
a format. Legal Notice is one such type of formal communication which has its
own format which details how and what information needs to be provided in the
notice. It is necessary for a person to stick to the format of legal notice while
drafting it. A well-drafted legal notice helps a person to avail the quickest remedy.
It makes the recipient agree to the terms of the party who is sending the notice and
thus eliminates the need to take the matter to court.
LEGAL NOTICE MEANING
A legal notice is a formal written communication between the parties. Through a
legal notice, the sender notifies the recipient about his intention of undertaking
legal proceedings against the latter. A legal notice also helps in making the
receiving party aware of the grievances of the sender. It works as a last warning to
the receiver to fulfill a certain condition if he does not want a court battle.
It is used in a wide variety of situations,
 In Consumer Forums: In case, a faulty product or service is provided to a
person he or she can send a legal notice to the concerned person and ask him
to rectify the deficiencies.
 Disputes related to property such as partition, eviction or issues relating to
possession of the property.
 Loan Defaulters: Under the Securitisation and Reconstruction of Financial
Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act),
the debt recovery proceedings begin by sending a legal notice to the
defaulters.
 Cases under the Negotiable Instruments Act: In case of dishonour of cheque,
the aggrieved can send a legal notice for recovery of payment.
 Money Recovery Cases: The first step in money recovery cases is sending a
legal notice to the concerned person.
 Employee and Employer/Company: If the employer in any way deprives the
employees of their salary, then the employee can send a legal notice to the
employer.
 It is a tool to save time and cost of litigation as it opens the door for the
parties to settle the matter through negotiation, mediation or arbitration.
WHY WE FILE LEGAL NOTICE AND ITS CONTENT
A legal notice is filed as per Section 80 of Code of Civil Procedure, 1908 and is
only filed in civil cases. A legal notice is an intimation and thus carries the
following information:
1. Precise statement and facts relating to the grievance for which the action is
to be taken.
2. Alternatives/relief sought by the grieving party.
3. How are the relief/problem in hand be solved, a summary of facts and the
way it can be solved.
A complete brief of the problems that the aggrieved party is facing, combined with
what can be done to resolve the issue need to be clearly mentioned. The last past of
the Legal notice should contain a detailed account of how relief can be
obtained/problem solved if mutually agreed upon the grievance.
A perfectly crafted legal notice, can act as a mediator between the two parties and
help solve the issue out of the court if both of them are willing to compromise on
the issue.
A legal notice format must contain the following points:
 Name and required information
 Description
 Place of residence of the notice sender
 Aspects of the effect
 The monetary relief claimed by the sender of the notice
 The gist of the legal basis for the relief claimed
PURPOSE OF FILING LEGAL NOTICE
These days, courts are overburdened with cases. Because of this nowadays,
litigation is the last resort for anyone who wants to have a quick solution to his
problem. 
A formal legal proceeding is a very slow and costly process. This is why before
filing a suit, one should always file a legal notice. It is important to file a legal
notice because of the following reasons:

1. Through a legal notice, the plaintiff can convey his grievances to the
recipient in a detailed manner.
2. The receiver of the notice can address those grievances to save himself
from a formal legal proceeding. 
3. The matter can be settled outside the court without getting into the hassle
of litigation. 
4. Legal notice gives an opportunity to parties to settle their dispute through
Alternative Dispute Resolution mechanisms. 

TO WHOM DO WE FILE LEGAL NOTICE

The person who sends the notice is called Sender and the person to whom a notice
is being sent is called an Addressee. A notice gives the addressee an opportunity to
present his side of the story through an amicable method without recourse to the
court. A notice is being served only when it is being delivered or being refused to
receive by the addressee

The issuing of the notice may be a statutory duty or merely optional, but in either
case, the purpose of the notice is to inform it’s recipient i.e the addressee precisely
and clearly about the intent of the Sender. There must not be only a clear despatch
of notice but in order to fix liability on the Sender, there must be clear proof of the
notice being received by the Addressee.
What Should You Do After Receiving A Legal Notice?
In case you are not the sender but have instead received a legal notice, the steps to
be followed are as follows:

Step 1

Unlike the traditional advice, you needn’t always consult a lawyer after receiving a
legal notice. You can opt to call up the party concerned (who has sent you the
notice) to amicably settle the matter and resolve the same in the best interests of
time and money.

Step 2

If you believe that the notice sent or the information in the notice is not accurate,
and you need to contest and require legal help, approach a qualified lawyer who
can take the necessary actions. The first step (after reaching the lawyer) is to share
your side of the story and the facts with the dates and time when the events
occurred. This is to help your lawyer review the notice you have received and draft
a reply based on the facts collected from you.

Step 3

In this case too, the lawyer will send the reply to the notice via courier or registered
post.  A copy of the notice sent and received are both retained in the lawyer’s
office, along with the acknowledgement receipts for all the communications. Your
lawyer will also sometimes communicate with the lawyer of the other party to
enable a smooth flow and try resolving matters at your end.

The exchange of legal notices usually results in the commencement of litigation

between the parties, as the party sending the notice may take recourse to
civil/criminal law remedies.
 CASE STUDY

Ref. No.: 17042020 Dated : 18th April,2020

SUB.: LEGAL NOTICE FOR REFUND OF AMOUNT PAID AGAINST FLAT, DUE TO
DELAY IN POSSESSION OF FLAT.

To,
BETWA COTTAGE INDUSTRIES HOUSING LTD.

29 NC BLOCK B, NEW ALIPORE,KOLKATA-700053.

CONTACT: 033 23967756.

Dear Sir/Madam,

Pursuant to the instructions from and on behalf of my client Yash Gupta, I do hereby serve
you with the following Legal Notice: –

• This is to bring to your notice that my client; the buyer of Flat Unit no. 7C of your
Diamond Enclave project has not received any official communication from Betwa
Cottage Industries Housing Ltd. regarding the confirmed date of handing over of
the possession of the said Unit.

• My client had signed the Buyer’s Agreement with Betwa Cottage Industries
Housing Ltd. on 18th april 2015. It was a commitment by the company that
possession will be handed over in 36 months from the agreement date. Thereafter, it
was told that by the end of 48 months the possession will be given by stating force
majeure reasons. However, the possession of the unit was never delivered even after
the expiry of the extension date.

• This legal notice is served to Betwa Cottage Industries Housing Ltd. to bring to its
notice that the company has failed to keep its commitment and has lost the
customer's faith as it has delayed the possession of the said unit innumerable times
and there seems to be no deadline to this project. My client has paid 80% of the total
flat amount and is paying interest on it every month to the bank which is causing
my client a substantial financial burden and a financial loss due to blockage of funds
in this project named; “Diamond Enclave”.

• Kindly let me know the final date of delivery of possession of my client’s flat unit
no.: 7C or else I would have to resort to taking appropriate legal actions against the
Betwa Cottage Industries Housing Ltd at the consumer court on account of the
delays caused by the company and would claim for a total refund of the amount
paid till date as well as 24% interest per annum on the principal amount paid till
date as compensation.
A copy of this Notice has been preserved in my client’s office for record and future course
of action.
(ADVOCATE)