“Notice” is the foundation for any legal action whether it for filing a petition in a Court or for seeking Arbitration or Mediation. If a proper “Notice” is not served, the subsequent actions on which time, effort and money is spent could end up being dismissed as a failure of “Natural Justice”.
CEAC therefore supports a robust “Notice” mechanism as a part of its activities pioneered under the directions of Naavi.
www.cyber-notice.com is an associated service exclusively offered under the umbrella of Naavi’s IT Enabled services. CEAC is the back end service provider for Cyber-Notice.com.
CEAC provides two kinds of Notice services namely
a) E Mail or Electronic Message based Notice
b) Web Publishing based Notice
E-Mail or Electronic Message Based Notice
The E Mail based Notice is a “Certified E Mail/Electronic Message Delivery Service” and involves sending of a notice to a destination e-mail address and providing a confirmation that it has been delivered. In certain cases, a further confirmation that the mail has been read by the recipient is also provided. Such a service is recommended for use in the Online Arbitration Service such as odrglobal.in
Some time back, a Court in Chennai asked for such a notice to be sent to a respondent who was abroad and there was difficulty in identifying a proper postal address for delivery of the notice. The best option was to send the notice by e-mail. This notice was sent and certified by CEAC.
In a similar instance which came up a few month’s back, a Quasi judicial authority in Haryana permitted a notice to be sent to a recipient through WhatsApp and accepted the “Blue Tick” as a valid acknowledgement. According to information available, this Haryana authority failed to follow the principles of certification that CEAC advocates and could be questioned in subsequent appeal proceedings. Nevertheless this was also a recognition of the need for electronic messaging to be used for sending notices.
CEAC has a standard operating procedure which tries to meet the legal requirements which many others are ignoring.
It is because CEAC follows a procedure which is most likely to be accepted in a Court of law that CEAC considers this as a professional Techno Legal Service and charges a fee which is much different from what advocates normally charge for sending out notices.
Many customers often wonder why CEAC should charge a fee of a certain amount because they are unaware of the value of the standard process followed by CEAC. We know that it took 15 years for the Judiciary to realize that there was some thing like Section 65B in our Evidence Act that made a certification mandatory and it will take many more years to understand the process of Secion 65B certification which CEAC started using since 2002.
It has taken 17 years for Judicial authorities to understand the importance of E Mail/Electronic message based notices and it will take several more years to appreciate the process adopted by CEAC and accept its costing structure.
CEAC however will continue to provide its service and wait for the market to come around to understanding the nuances.
Web Publishing Based Notice
The Web publishing based notice is a concept where a notice is published on a specific web space and a certificate is also provided that the notice was in published state for a certain period of time.
During the time it remained published , it would be visible to the public and searchable by search engines and hence it is ideal for a public notice. It is recommended for use in Anti-Phishing and Anti-Identity Theft notices
A sub category of such notice is a “Call Out Notice” where a call can be made to the intended recipient that a notice is awaiting to be picked up by him and would be delivered after a due process of verification. The Call will be through publicly accessible web publishing mode without revealing the contents of the notice.
We are aware that at this point of time, the services appear to be ahead of time. We knew this even in 2002 when CEAC services were introduced though it was not envisaged that it was 15 or 17 years ahead of its times.
Presently, Section 65B Certification has become a commonly understood requirement thanks to the P.K.Basheer verdict. The “Certified Electronic Message Delivery” has just begun its baby steps and will stabilize in the next year or two.
Perhaps even the Cyber-Notice will also become an accepted practice ..may be one or two years behind the Certified Electronic Message Delivery service. (CEMDS).
Any person who would like to avail these services may contact Naavi for more details.