You should engage a lawyer and find out the orders if any passed by court
2) file detailed reply denying allegations made in suit
3) burden of proof is upon plaintiff to prove allegations made in plaint
Hello, I received a registered post from "Bengaluru Urban District Legal Service Authority, City Civil Court". The name on the registered post is incorrectly spelt and does not match with my ID. I did not sign the acknowledgment card stating my name is not right. Can you advise the next step ? I had my house renovated by a contractor, and contractor is asking for money without any receipts. He has filed a case at the court and this may be the registered post informing us of the case being filed.
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You should engage a lawyer and find out the orders if any passed by court
2) file detailed reply denying allegations made in suit
3) burden of proof is upon plaintiff to prove allegations made in plaint
Since you did not acknowledge the registered post, the contents of registered post may be ascertained from the office of Bengaluru Urban District Legal Service Authority.
Dear client,
Sorry to hear about your situation. It's imperative that you take immediate action if the Bengaluru Urban District Legal Service Authority sent you a registered letter with the wrong name. The signature on the acknowledgment card may, under Indian law, indicate that you accept the notice. That's a legitimate worry, though, given that you emphasized the name discrepancy without signing. Make quick contact with the court, offering accurate details and outlining the circumstances. In the instance of the contractor, Section 10 of the Indian Contract Act stipulates that agreements must be freely consented to and entered into without coercion. It is cause for concern if your contractor is requesting payment without the appropriate paperwork to support the transaction.
Hope this helps you.
This is not a case against you in the court.
He has approached the DLSA, CC court Bangalore for a settlement through them without approaching court.
If you are sure that it is your name and if you are aware of the issues, you better appear on the date therein and settle the issue amicably.
You can even ignore this, but he may then approach court with a litigation.
If the spelling of notice is not tallying with ID is not valid ground for not accepting the notice. If name is correct, address too are correct then notice is correct and is valid. Difference in spelling does not matter. Since it is a commercial dispute so authority seem to have issued notice must be for prelitigation mediation.
If you do not answer the court summons and appear in your defence, you run the risk of an ex parte decision passed against you in the proceedings. Better engage a competent lawyer to defend your case.
- If the said case is against you , and the notice was sent on your address there refusal will be deemed as notice served upon you.
- The spelling in the name is not ground for refusal of the notice of the court
- However, as this notice was issued by the DLSA , then even you will not appear then that authority cannot pass any order against you , as this authority is created only for reconcile/settlement in the matter.
you should have accepted the post
the addressee is actually you only, despite there being a spelling mistake
since you have refused to accept the parcel, under the law it is deemed that you have received it. It is known as deemed service which as per law is considered a good service.
the postman will endorse on the parcel that the addressee refused to accept and send the parcel back to the consignor
the contractor will then submit the returned parcel in court to prove that service was properly effected as there is deemed service since the recipient refused to accept
i suggest you engage an advocate and enter appearance in the suit that may have been filed against you by the contractor
if you do not take steps then the court will pass an order to proceed with the suit ex-parte against you, that is, without hearing you, and if final judgment is passed against you [in absence of contest by you], then the contractor will put that judgment to execution in order to recover the decretal amount from you, by say, attachment of your properties.
so it is not prudent to refuse a parcel that is sent by court