Legal Notice is served by an authorized lawyer/advocate on behalf of the client to the opposite party with a purpose of giving them a last opportunity to settle the matter out of court, before one proceeds with the legal proceedings in a court of law. This is also necessary because of the fact that courts are already burdened with numerous matter and it is highly advisable, if the matter can be settled out of court.

Further, Legal Notice communicates the intention of the complainant in clear terms to the opposite party and acts as a legal warning that in case matter is not resolved within a specified period of time. The matter would be taken up with a consumer court. This makes them act in most of the cases, else the matter can be filed with a consumer court.

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Who is a Consumer ? 
It is necessary to satisfy the definition of a Consumer, for any person to take any action under Consumer Protection Act, 1986.

According to Section 2(d) of Consumer Protection Act, 1986, “consumer” means any person who—
(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
(ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly prom­ised, or under any system of deferred payment and includes any beneficiary of such services other than the person who ‘hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purposes;

In short, a consumer is a person who buys or hires any goods or services for a consideration. That is, either you can be Consumer/Buyer of Goods or Consumer/Buyer for Services.
Therefore, you are a ‘Consumer’:
1. If you have paid for the purchase of goods or hiring of services, i.e. free services are not covered under the Act. Though they have been purchased on credit or partly paid or in installment. And it includes beneficiary/user of goods.
2. Secondly, it excludes a person who buys or hires for commercial purpose/activity and not for self-consumption.
But if you have paid for anything for self consumption, and not hired or purchased for selling it further or to be deployed in a commercial activity on a large scale, then you would still be a ‘Consumer’ as was held in Laxmi Engineering Works vs P.S.G. Industrial Institute on 4 April, 1995.

In a consumer court, when an opposite party does not appear in the court continously for many hearings, which may be initially or even at a later stage. The court can order for the matter to be proceeded ex-parte, that is, opposte party looses the right to defend.
Though, before ordering the same, the court may require the complainant to re-serve the notice by dasti, i.e. in person.
In exceptional circumstances, on an application made in this behalf by the OP, the ex-parte order can be set aside. There are many advantages available to the complainant, as complainant’s one-sided story is relied upon the the Court for reachng the decision, though ofcourse subject to availability of sufficienct evidence.
But sometimes it may work to the dis-advantage also:
a) The OP appearing at a later stage and getting the exparte order setting aside.
b) Lack of any reply on behalf of OP, may make difficult for the Complainant to prove many of the facts.
c) The exparte decision may be applealed, thereby further delaying of process.
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Various Dates in Consumer Forum / Court Proceedings
The consumer forum / court case starts with filing of the complaint with the consumer forum / court along with necessary fees, which is followed by series of Court Dates for various purposes, as follows:

1. Acceptance of Complaint by the Consumer Forum / Court and Issue of notice to the Opposite Party is generally what happens on the first date with the Consumer Forum.

2. On the next court date, the Opposite Party(s) have to file their defence in the form of Reply (also called Written Statment in civil court).

3. The Complainant has an opportunity to file Rejoinder on the next court date (i.e. reply to the written statement can be filed with the consumer forum), in which he can refute the Opposite Party’s defence. This has to be accompanied with evidence under Affidavit.

4. On the fourth court date / hearing, the Opposite Party has to file their evidence under affidavit.

5. Last stage of Case is Arguments, which is to be provided in writing by both the parties and these written arguments most relevant, as they cannot be ignored by the Consumer Forum Members, else you can always go into appeal.

6. Last court date / hearing before the consumer forum is for oral arguments, where both the parties are heard in person or through Advocates.

Other Important points to be considered, while dealing with a matter as a consumer before Consumer Forum / Court:
1. A consumer forum / court case may take approx 12 – 24 months to complete, as mostly dates are provided at a gap of 3-4 months. Though it still depends upon the numbers of cases pending in a consumer court.

2. There may be further delays from either side, for which more time may be granted by the Honorable court to file reply/ rejoinder/ affidavit/ arguments.

3. Sometimes, costs can be imposed, especially upon Opposite Party for delaying the matter, which is minimum of Rs 500, in case of Opposite Party and Rs 100 in case of complainant.

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Consumer Forum / Court Case Limitation Period
The consumer case has to be filed within the limitation period, which as been provided as two (2) years of the date of cause of action, under Section 24A of Consumer Protection Act, 1986
24A. LIMITATION PERIOD.
(1) The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
(2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period :
Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Forum, as the case may be, records its reasons for condoning such delay.
The Limitation further applies in case of appeals to the State Commission against the order of the District Consumer Forum / Court, which is thirty (30) days only.