Service / Delivery of Notice
1 The Demand Notice sent to wrong address or having incomplete address, is no service and complaint not maintainable.
2 Demand Notice sent to the correct address, but variation at postal receipt. The service of the same has to be decided in trial.
3 Demand Notice sent at the correct address by Regd post is deemed to have been duly served.
4 Whether the Notice was sent to correct or incorrect address has to be decided in trial and complaint cannot be quashed on this ground.
5 Where the Notice returned with postal endorsement “refused” or “not available in the house” or “house locked” or “shop closed” or “addressee not in station” is a good service.
6 Endorsement such as “left, not known” are akin to endorsement such as “not available in the house”, “house locked” and :shop closed”; and is a good service.
7 When Notice is returned unserved, the accrual of cause of action to file complaint on the lapse of 15 days, may be computed whilst applying the mandate of section 27 of General Clauses Act.
8 Where the demand notice is returned as unclaimed, then, the date on which it is returned is the date on which it is deemed to have been served, for the purposes of computing 15 days.
9 S.114 of the Evidence Act / S.27 of the General Clauses Act enables the Court to presume that Notice sent at the correct address have been duly delivered.