Breaching my personal information
Akash
(Querist) 22 September 2017
This query is : Resolved
Hi. My brother using Airtel mobile company phone and he have to pay 20000 rupees. The Airtel company called Ng my friends in india and abroad saying that I have given there number as my alternative contact number and they want them to ask me to pay my brother bill. When I call that guy he is misbehaving and said that these numbers are in my alternative contact detail.
I want to ask...
1. When my brother bill is due why you calling me and my friends.
2. In my alternative contact detail there is only my alternative number how you reach my family and friends over phone for my brother bill.
3. This means you are breaching my personal contact details for reaching me.
4. What legal action I can take against this.
Please help me.
Guest
(Expert) 22 September 2017
Mr. Akash,
You have not been able to discuss your problem appropriately.
Rajendra K Goyal
(Expert) 22 September 2017
Record all their threatening. Can lodge FIR against them for threatening , misbehaving and for demanding money illegally.which you are not liable to pay.
Kumar Doab
(Expert) 22 September 2017
Dear LCI Querist @ Mr. Akash,
You have duly explained your query.
The 1st post in response to your query is as usual good for nothing and respond could be that 'I do not know'!
Kumar Doab
(Expert) 22 September 2017
Agreeing with Mr. Rajendar K Goyal;
You and your family members cannot be harassed/intimidated/abused/ misbehaved with at all, since none of them is a customer of M/s Airtel and as per your post also no one’s number is mentioned as alternate number of your brother.
Kumar Doab
(Expert) 22 September 2017
All of you and other relatives may record all calls and during the calls, tell the point blank that he/she will not call anyone, anymore, and ask to speak his full name (1st name+middle+last name), number from which he/she has called (it could be fake/ internet generated call or a number at which no call shall be successful), name of establishment/agency that has employed him/her and pays salary with full address with pin code and email id/fax number, name/ full address with pin code and email id/fax number/mobile number of his manager and prop, name/ full address with pin code and email id/fax number/mobile number of manager of M/s Airtel to whom his agency reports……………..and flatly deny that anyone’s number who is being called is alternate number of your brother…………………and ask the agent to send letter on agency letterhead with company seal on it and explain why he/she has been calling and who has provided your numbers to him (even if by email from M/s Airtel) and attach printouts and actual printout of document showing that your numbers are alternate number of M/s Airtel’s Customers……….
The fact may be that all numbers called by your brother have been pulled out from private records of M/s Airtel and supplied to agency…………. The claim of alternate number is also being made to avoid penalty from Telecom Operator and may be from other bodies……….
It is felt that in some publication min. penalty in cases might be Rs.25000/-...........
The agents are otherwise also asked to call from numbers that are displayed to operator in internal lists and on websites..
Kumar Doab
(Expert) 22 September 2017
The alert and vigilant customers have done and have been posting queries at LCI and have tamed and shamed and doing it with establishments like M/s Airtel that resorts to such Conduct…………..
e.g;
@annkur Hi! We once again apologise for the unethical behaviour by our vendors. We would like to inform you that we have discontinued the services of the agency in question for violation of Airtel’s code of conduct. Regards
http://annkur.com/2012/05/update-on-the-airtel-incident/
Such queries have been discussed in detail at LCI.
Kumar Doab
(Expert) 22 September 2017
Apparently for name sake M/s Airtel has drafted a private code and tries to slip away by removing the agency………….
Go thru:
http://www.airtel.in/personal/mobile/postpaid/know-more/collection-code-of-conduct
Kumar Doab
(Expert) 22 September 2017
In case of other telecom operator it is clearly mentioned;
You may also go thru; Collection/recovery policy…………..It should contain:
The collection policy and the outsourcing arrangement will not affect the rights of Customer against the Company, including the right of the Customer to obtain redress as applicable under various licensing conditions, Indian Telegraph Rules, TRAI regulations, directions and orders etc.
The Company shall maintain secrecy / privacy of the Customer information as per the licensing conditions and will not share details of call records to its agencies. The Company may not entrust a collection case of a defaulting consumer to more than one collection agency at a time.
In the event of continuance of default in payment of dues, the Company may initiate recovery proceedings through Company’s legal representatives, advocates & solicitors against the Customer as per service agreement signed by Customer, law of land and various statutory provisions inclusive (not exhaustive) of Negotiable Instrument Act, Proceeding under summary suit /recovery suit. Any legal case may be settled amicably between the Company & Customer.
Collection Agencies engaged in collection of dues are communicated about Company’s philosophy, instruction by regulator and other abetting laws, by way of multiple clauses in the legal agreement signed for the assignment and a detailed code of conduct is published and communicated to all collection agencies.
Kumar Doab
(Expert) 22 September 2017
many subscribers, complaints have agitated and succeeded............
It is a matter of grave concern that such confidential information of ...................... is being ................without their knowledge/consent. ..................
..............
.............Such disclosures besides violating the terms of the contract are also an invasion of the fundamental right to privacy under Article 21 of the Constitution
Kumar Doab
(Expert) 22 September 2017
Go thru; The TRAI regulations also..........................and these may warrant the service providers to maintain the secrecy and privacy of subscribers.
If your brother has been calling relatives from M/s Airtel mobile number then M/s Airtel can not and must not throw it to agents with full freedom to harass and intimidate..............
Kumar Doab
(Expert) 22 September 2017
Such conduct has been penalized by Consumer Fora’s in case of consumers whose relatives have been harassed................
So your brother can also get M/s Airtel penalized even if he has defaulted on payment....................(although it is matter of test and facts)
Kumar Doab
(Expert) 22 September 2017
You and other relatives that have suffered misbehavior can entrust the matter to their lawyer to press damages………..
Guest
(Expert) 22 September 2017
IT=@Kumar Doab,
Mr. Kumar Doab made 11 vague posts, but in none of those 11 posts he has advised Mr. Akash, what exactly he should do to solve his problem.
If Mr. Akash has understood, what exactly is the advice of Mr. Kumar Doab in nutshell, he may like to enlighten other experts also.
P. Venu
(Expert) 23 September 2017
The facts, as posted, lacks clarity.
