Notice Under Consumer Protection Act For The Non Availability Of Electricity Due To Which Air Conditioners, Fans And Lights Were Not Working In The Train 207 - Legal Draft
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Notice under Consumer Protection Act for the non-availability of electricity due to which Air Conditioners, fans and lights were not working in the train
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Advocate(s)
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Address(es)
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Date
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Advocate(s)
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Address(es)
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Date
Regd. AD/UPC/Personal Delivery
To
1. The General Manager
Northern Railways, (in case of Zonal Railway); or
Union of India, (in case of any other Railway); or
The owner of the Railway
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2. The General Manager
Southern Railways, (in case of Zonal Railway); or
Union of India, (in case of any other Railway); or
The owner of the Railway
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Legal Notice
Sir, Please take the following notice on behalf of my client(s) ............, R/o .................:-
1. That my abovenamed client(s) got reserved the tickets Nos. ........................ dated ................... of the AC Chair Car, for himself and his family members, at Y Railway Station, Northern Railway, to go to X Railway Station, Southern Railway by train number.............. (Name) on (Date).
1. That my abovenamed client(s) got reserved the tickets Nos. ........................ dated ................... of the AC Chair Car, for himself and his family members, at Y Railway Station, Northern Railway, to go to X Railway Station, Southern Railway by train number.............. (Name) on (Date).
2. That when my client(s) boarded the train they found that the compartment of the train, the Air Conditioners, fans and the lights were not working in spite of high summers.
3. That my clients(s) brought the same fact to the notice of the officer then available (The Ticket Checker) in the train Mr. ..........................who assured my client(s) that it was due to some fault in the system which was in the process of rectification and would be made available within half-an-hour. But nothing came out of the said promise even after the lapse of more than four hours.
4. That thereafter my clients had no option but to wait for the next station i.e. ............ (Name of the station) so that the same could be complained of to the Station Master there.
5. That my client(s) complained to the Station Master of the above named station and the whole of the inconvenience was explained to him. However to the utter dismay of my client(s), no response was given by him also except the irritating remarks.
6. That having understood that my client may not get any response, they had to travel all along without Air Conditioning and lights and not even fans, including ladies and children. The officer as named above, failed to provide the said facility and even to respond to the fair and just request to my client(s).
7. That my clients complained of all the incident vide their letter dated ................... to the General Manager of the Railway (give the name of the Railway) but no response from the highest authority has been received till date for such mismanagement or the gross negligence, whatever may it be which amounts to deficiency in service under Consumer Protection Act, 1986.
8. That due to your deficiency in service the whole of the tour of my client(s) has been spoiled at least in the level of happiness and enjoyment that could have been achieved by my clients in the said tour as my client(s) had to face uncalled for hardship and discomfort for none of their faults.
9. That such conduct of yours amounts to gross negligence on your part and thus deficiency in service as under section 2(1)(g) of the Consumer Protection Act, 1986 as amended by the Consumer Protection (Amendment) Act, 1993.
10. That such conduct of yours is compensable in law and the responsible officials are liable, jointly as well as severally, civilly as well as criminally under law particularly under the Consumer Protection Act, 1986 as amended by the Consumer Protection (Amendment) Act, 1993.
I, therefore, hereby call upon you to refund all the price paid for the tickets i.e. ......... with compensation for discomfort mental as well as physical agony and paid i.e., Rs. .............. together with Rs. ................ towards the costs of this legal notice, within a period of two months from the date of receipt of this notice failing which I have definite instructions from my client(s) to take appropriate legal action particularly under the Consumer Protection Act, 1986. You shall be held responsible for all costs and consequences for which please take this notice.
3. That my clients(s) brought the same fact to the notice of the officer then available (The Ticket Checker) in the train Mr. ..........................who assured my client(s) that it was due to some fault in the system which was in the process of rectification and would be made available within half-an-hour. But nothing came out of the said promise even after the lapse of more than four hours.
4. That thereafter my clients had no option but to wait for the next station i.e. ............ (Name of the station) so that the same could be complained of to the Station Master there.
5. That my client(s) complained to the Station Master of the above named station and the whole of the inconvenience was explained to him. However to the utter dismay of my client(s), no response was given by him also except the irritating remarks.
6. That having understood that my client may not get any response, they had to travel all along without Air Conditioning and lights and not even fans, including ladies and children. The officer as named above, failed to provide the said facility and even to respond to the fair and just request to my client(s).
7. That my clients complained of all the incident vide their letter dated ................... to the General Manager of the Railway (give the name of the Railway) but no response from the highest authority has been received till date for such mismanagement or the gross negligence, whatever may it be which amounts to deficiency in service under Consumer Protection Act, 1986.
8. That due to your deficiency in service the whole of the tour of my client(s) has been spoiled at least in the level of happiness and enjoyment that could have been achieved by my clients in the said tour as my client(s) had to face uncalled for hardship and discomfort for none of their faults.
9. That such conduct of yours amounts to gross negligence on your part and thus deficiency in service as under section 2(1)(g) of the Consumer Protection Act, 1986 as amended by the Consumer Protection (Amendment) Act, 1993.
10. That such conduct of yours is compensable in law and the responsible officials are liable, jointly as well as severally, civilly as well as criminally under law particularly under the Consumer Protection Act, 1986 as amended by the Consumer Protection (Amendment) Act, 1993.
I, therefore, hereby call upon you to refund all the price paid for the tickets i.e. ......... with compensation for discomfort mental as well as physical agony and paid i.e., Rs. .............. together with Rs. ................ towards the costs of this legal notice, within a period of two months from the date of receipt of this notice failing which I have definite instructions from my client(s) to take appropriate legal action particularly under the Consumer Protection Act, 1986. You shall be held responsible for all costs and consequences for which please take this notice.
Yours faithfully,
S/d
Advocate
(Name)
S/d
Advocate
(Name)