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unwanted calls and sms

(Querist) 05 November 2010 This query is : Resolved 
my service provider used to send me promotional communication. when i enquired,they told me to register in Do Not Disturb.even after i did it, i am getting occasional unwanted smses.when i report to customer care,they kindly advise me to delete those smses; but dont answer my straight question.....why am i getting promotional sms even after registration at DND? can i sue the mobile company??
Parthasarathi Loganathan (Expert) 05 November 2010
This is the Plight of all Mobile users where service providers are relentless to encroach the personal space of its customers to promote business groups. Free SIM cards even with loaded free talktime etc are distributed in bulk on streets without any statutory control. Bonafide details of the buyers are given scant regard giving room to many such unsolicited SMSs or business calls. There is hardly any check on these service providers. DND registration is of no use. I have posted similar query a couple of months back and no solutions emanated from our learned brothers. Hope, Sidarth's present query would fetch some results.
Sarvesh Kumar Sharma Advocate (Expert) 05 November 2010
i m also petiant of dis case.
i will watch the expert's view!
Raj Kumar Makkad (Expert) 05 November 2010
A consumer complaint can be filed against such company and heavy compensation can be awarded in such matters and interim relief qua stoppage of such nonsense disturbances can be availed as held by National Consumer Commission.
s.subramanian (Expert) 05 November 2010
You can sue the service provider for nuisance and damages.
adv. rajeev ( rajoo ) (Expert) 06 November 2010
I was having the same problem on regd., to DNB call I got rid of it. You once complain the same they will send an sms to resend that sms then you will get rid of it.
Kirti Kar Tripathi (Expert) 06 November 2010
I am also facing same problem.
R.Ramachandran (Expert) 06 November 2010
Every service provider is to have a 'DO NOT CALL REGISTER'. A person who does not want to get any unwanted calls has to get himself registered there. After 45 days of registration if any one gets such a call, then he can make a complaint to the service provider. The service provider thereupon would take up with the person who sent the unwanted call and let him off with a warning for the first offence. The language of the provision is such that it can be interpreted both ways: (i) one unsolicited call for one customer or (ii) one unsolicited call for any customer.
In any case, many of the 'DO NOT CALL REGISTERS' are not effective. One has to make a complaint to the Telecom Regulatory Authority of India directly. Perhaps this may have some effect.
Arun Kumar Bhagat (Expert) 06 November 2010
Inform the matter to the Nodal Officer of the Service provider company with a copy to TRAI ( Telecom Regulatory Authority of India).
Kiran Kumar (Expert) 06 November 2010
http://www.trai.gov.in/ConsumerInterest.asp
Devajyoti Barman (Expert) 06 November 2010
Very right, TRAI is the place where such complaint could be lodged.
Raj Kumar Makkad (Expert) 06 November 2010
TRAI can be one of the modes but this is not the only mode to be adopted.
Sri Vijayan.A (Expert) 09 November 2010
1.TRAI is the best solution
2.Some of the SMS are from ordinary mobile numbers.
3.The messages can't be tagged as promotional SMS.
4.In this case, u ve to help the service provider by complaining that u r rcving business sms from 'so and so' numbers.
5.Then sms from these numbers also shall be banned


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