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Request advice on the course of action against a service provider

(Querist) 29 January 2015 This query is : Resolved 
Hi Sir. Recently I was called by a telecom service provider who claimed that I had a pending bill of 6K since 2009. For the past 6 years I received no calls or documents or e-mails claiming for the same. I have also never stayed at the address registered with them. But they got my name and phone number and is continuously harassing me to make the payment. When I went to their local store, the available representative adviced me to send a complaint mail to the appellate, which I did. However, I received no response from them. Now these people have started calling my colleagues and started harassing them. They even wrongly claimed that I had verbally abused them and so they would lodge an FIR against me. When I went to the local police station to lodge a general diary, the OC refused to file it. I am in a fix right now, about what to do. And I deinitely want to take an action against them.

Please advice.

Regards,
Subhasree
Kumar Doab (Expert) 29 January 2015
Record all calls and ask everyone to record all calls.....

The designated person in local o/o Police Commissioner can find in a minute who is owner of the phone number from which calls are made.....

Lodge police complaint under proper acknowledgment against caller, Appellate Authority,Nodal Officer,local BM (narrate that you approached local office) and demand to supply you in writing the ownership details of the caller, certified copy of the communications sent by the company to the caller/recovery agency providing details of false debt on you, and action taken by police.......with a copy to TRAI,DOT.....


Pursue thru RTI with police,TRAI,DOT.........and also escalate to vigilance cell of all.........

Lodge criminal,civil suit for damages and defamation.........

If you have posted truthful post then you have all merits on your side....
subhasreemukherjee (Querist) 29 January 2015
Sir, firstly, let me thank you for your quick response and support. One last query. If I do not have the recorded calls will it be helpful if I call them now and make them say the same thing once again, and in the process record it?

Look forward to your advice, once again.

Thanks, in advance!

Regards,
Subhasree
Kumar Doab (Expert) 29 January 2015
You can.
. Drive the discussion.
Ask the person to state the full name,designation,address,phone number,email id of the I/c Recovery Manager of the service provider and how the recovery details are sent e.g. by email,letter etc.....and also recovery agent's name,designation,agency name,address,phone number,email id etc........and that you have never availed the connection number for which the recovery is initiated and demand to supply the certified copy of SAF, KYC docs ,physical verification report conducted by the company,copy of all bills.......etc and after that demand these from company as well.....
Rajendra K Goyal (Expert) 30 January 2015
Record the threatening and lodge police complaint. If police does not lodge, file direct complaint with the Magistrate u/s 156(3). Lodge complaint to TRAI, Service provider.
ajay sethi (Expert) 30 January 2015
claim is bared by limitation
T. Kalaiselvan, Advocate (Expert) 01 February 2015
The claim is barred by limitation. If you receive any call in future, send them a legal notice asking them to curb their such illegal threatening activities against you, if hey still do not stop then you may lodge a complaint along with the copy of the notice. In case the police is not responding properly you may escalate the matter to the higher police official.


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