When the Letter Comes Back "Refused" or "Unclaimed"
The most useful feature of registered post with acknowledgment due is that a refusal helps the sender. Under Section 27 of the General Clauses Act, 1897, service is deemed complete when a letter correctly addressed and properly posted would have been delivered in the ordinary course of post. If the addressee refuses to accept the article, the postal endorsement recording the refusal is treated as proof of service, because a person cannot take advantage of their own refusal. The same logic applies where the article is returned with an endorsement that the addressee was not available and the intimation was not collected — courts have generally held that avoidance of service is no answer where the address was correct.
Two conditions decide whether the presumption will be drawn. The address must be the correct and last known address of the addressee, and it must be shown that the article was actually posted and travelled through the postal system. This is why the postal receipt is not a formality: it carries the article number, the date, the destination and the weight, and the tracking history shows each handling point. A sender who cannot produce the receipt has no case, however truthful the claim of posting.
What to Keep, and For How Long
| Record | What it proves | Retention |
|---|---|---|
| Postal receipt with article number | That the article was posted, when, and to what address | Until the case ends and the appeal period lapses |
| Tracking printout | Movement through postal channels | Same |
| Signed AD card | Delivery, date, and the recipient's signature | Same — the original, never a photocopy only |
| Returned envelope with endorsement | Refusal, non-availability or incorrect address | Same, unopened where possible |
| Office copy of the notice | The exact contents sent | Permanent |
Where the Service Rules Are Strict
Some statutes prescribe the mode and will not accept a substitute. A notice under Section 138 of the Negotiable Instruments Act, 1881 must be given within thirty days of receipt of the bank's memo of dishonour, and the drawer gets fifteen days from receipt of the notice to pay before a complaint can be filed. The notice must be sent to the drawer at the address in the bank's records. Registered post with acknowledgment due is the standard mode, and the returned AD card or the refusal endorsement is what establishes the fifteen-day period. Where the notice is sent by ordinary post or courier, the complainant carries a heavier burden of proving actual receipt.
The same discipline applies to a notice under Section 106 of the Transfer of Property Act, 1882 terminating a tenancy, to a demand notice preceding a suit for recovery, and to a notice of dishonour in a commercial dispute. In each case, the date of service, not the date of posting, starts the clock — and the only reliable way to establish that date is the AD card.
Practical Errors
- Sending to the disputed address only. Send to every address the opposite party is known to use, including the address in the contract and the address in the registry record, so that one refusal cannot defeat service.
- Not naming the addressee correctly. A misspelt name or a missing flat number gives the recipient an argument that the article was not addressed to them.
- Filing the photocopy of the AD card. File the original, with an application for its return, since the court will otherwise retain it.
- Losing the tracking record. Print the tracking page on the day of delivery; the portal's history is not kept indefinitely.
- Assuming e-mail service is equivalent. E-mail is increasingly accepted, but where a statute requires registered post, e-mail alone does not satisfy it.
- Sending the notice too early or too late. A notice issued before the cause of action arises is invalid; one issued after the statutory window has closed cannot be cured.
Short Answers
What if the AD card never comes back? Apply to the post office for the delivery record and rely on the tracking history together with the presumption of service, rather than assuming the notice failed.
Can I use speed post with proof of delivery instead? It proves delivery, but where a statute specifies registered post, use registered post with acknowledgment due and keep the speed post as a parallel copy.
Where a notice has already gone out and you are unsure whether service is established, the file can be reviewed before the reply period runs out. Reach the chamber through the contact page.