• Incorrect Name on the Registered post

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.
Asked 2 years ago in Civil Law

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9 Answers

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 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

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.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

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.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

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. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

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.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

If you think it’s not for you and name incorrectly put then you can relax 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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