Notice Under Consumer Protection Act For The Uncleaned Toilet And Non Availability Of Water In The Train 212 - Legal Draft
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Notice under Consumer Protection Act for the uncleaned toilet and non-availability of water 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,
Under instruction from and on behalf of my client(s) ............, R/o ................. I have to serve you with the following notice :-
1. That my abovenamed client(s) got reserved the tickets Nos. ........................ dated ................... of the 1st class, 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 1st class, 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 toilet of the coupe so allotted was not at all clean and also no water was available therein.
3. That it was difficult for my clients(s) to use the toilet without cleaning the same and, therefore, requested the sweeper to clean the toilet who demanded some money which my client refused to give.
4. That my client brought the same fact to the notice of the officer then available in the train Mr. ........................ but of no avail, as he remarked that “this is not your home” 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, no response was given by him also except the irritating remarks.
6. That having understood that my client may not get any response, he himself had to make the toilet usable taking water from a situation and throwing the same into the pot. However the officer as named above, then raised an objection to that also and misbehaved with my client for the fault that having got reserved his ticket of the 1st Class he was cleaning the toilet himself so that the accompanying members could use the same as there was no way out.
7. That my client complained of all the above 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.
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.
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 it was difficult for my clients(s) to use the toilet without cleaning the same and, therefore, requested the sweeper to clean the toilet who demanded some money which my client refused to give.
4. That my client brought the same fact to the notice of the officer then available in the train Mr. ........................ but of no avail, as he remarked that “this is not your home” 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, no response was given by him also except the irritating remarks.
6. That having understood that my client may not get any response, he himself had to make the toilet usable taking water from a situation and throwing the same into the pot. However the officer as named above, then raised an objection to that also and misbehaved with my client for the fault that having got reserved his ticket of the 1st Class he was cleaning the toilet himself so that the accompanying members could use the same as there was no way out.
7. That my client complained of all the above 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.
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.
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)
Place :............