Annu (Querist) 30 January 2014 This query is : Resolved
sir,
i have been sending to a defaulter registered A/d letters.but the person do not accept them.the postman mentions on the envelope that he visited 3 times but the party refused to accept the letter.
1.what are its legal implications?
2.how do i ensure that the defaulter is intimated of his legal duties?
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Bhumik Dave (Expert) 30 January 2014
The remarks of the post man " refused to accept" is Sufficient for proving proper notice.
V R SHROFF (Expert) 30 January 2014
It is proper service.
Annu (Querist) 30 January 2014
sir may i please know its legal implications?
R.K Nanda (Expert) 30 January 2014
REFUSAL IS VALID SERVICE BUT TO ENSURE THAT THE DEFAULTER IS INTIMATED SEND SAID LETTERS
UNDER POSTAL CERTIFICATE ALSO.
V R SHROFF (Expert) 30 January 2014
""UNDER POSTAL CERTIFICATE " WAS
STOPPED BEFORE TWO YEARS?? HAD U DONE upc IN LAST TWO YEARS????????????????????????????????????????????????
Annu (Querist) 30 January 2014
sir does his refusal to accept the letter weakens his legal position?
how can i use this to strengthen my case?
Advocate M.Bhadra (Expert) 30 January 2014
To give proper advise it is needed the facts, Legal Notice is not mandatory in every cases,you can file a suit if not yet filed.But it is to be considered as an evidence,if your letter is a summon upon the defaulter then refused is a good service to proceed the case.
R.K Nanda (Expert) 30 January 2014
YES, REFUSAL WEAKENS HIS LEGAL POSITION TO SOME EXTENT.
R.K Nanda (Expert) 30 January 2014
PRESENTLY POSTAL CERTIFICATE MEANS SPEED POST.
@ author! 2.The presumption of service by law is the way to ensure you have served the defaulter
prabhakar singh (Expert) 30 January 2014
The author has clearly mentioned in the very first sentence that "i have been sending to a defaulter registered A/d letters",SO THERE IS NO ROOM TO GET CONFUSED ABOUT 'UCP' or SPEED POST.
1.An endorsem*nt of refusal by postman is treated legally to be a valid service .
reminding his duties.
@ author! 2.The presumption of service by law is the way to ensure you have served the defaulter prabhakar singh (Expert) 30 January 2014
The author has clearly mentioned in the very first sentence that "i have been sending to a defaulter registered A/d letters",SO THERE IS NO ROOM TO GET CONFUSED ABOUT 'UCP' or SPEED POST.
1.An endorsem*nt of refusal by postman is treated legally to be a valid service .
reminding his duties.
Rajendra K Goyal (Expert) 30 January 2014
Well advised, Agree with the expert prabhakar singh ji.
Raj Kumar Makkad (Expert) 31 January 2014
Well advised by experts hence no more to add.
Annu (Querist) 31 January 2014
thank u sir..
well as i was discussing this i had checked India Post site and there the letter status is showing as delivered.
1.what should be my course of action now if the party does not reply or abide or fulfil their part of contract within the mentioned time frame of 15 days?
ajay sethi (Expert) 31 January 2014
engage a local lawyer . file recovery suit
Dr J C Vashista (Expert) 01 February 2014
Refusal is a proper service .
Proceed in recovery suit, engage local lawyer
Advocate. Arunagiri (Expert) 01 February 2014
What is the contents of the notice? Is it for cheque bounce?
T. Kalaiselvan, Advocate 
(Expert) 03 February 2014
An endorsem*nt 'Refused' by the postman and the return of the registered letter is sufficient service of summons/notice, next course can be followed up after that.
The author raised the same query about one year back. Advocate. Arunagiri (Expert) 13 February 2014
http://www.lawyersclubindia.com/experts/Client-refusal-to-accept-registered-a-d-letters--357141.asp#.UvxKsPtKXKc
ajay sethi (Expert) 13 February 2014
why you raise repeated queries ?
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