Deducted balance without my consent
Vijay Soni
(Querist) 18 February 2015
This query is : Resolved
Sorry to bother you on this little matter but I am just asking it for my knowledge.
If a telecommunication company deducted balance without your consent and denied the refund then what kind of steps one should take on this matter, is there any legal procedure of that?
Advocate M.Bhadra
(Expert) 18 February 2015
Send a Legal Notice to the said company to calling them to refund the same, failing which you can file a case in District Consumer Forum for deficiency of service.
Advocate Bhartesh goyal
(Expert) 18 February 2015
It comes under the purview of unfair trade practice and deficiency in service .file complaint against the. company before District Consumer Forum and claim deducted amount along with compensation.
Vijay Soni
(Querist) 18 February 2015
Thanks for your informative reply Mr. Bhadra and Mr. Bhartesh.
Will Legal Notice still be required to send to the company before filling complaint in District Consumer Forum, since I have already called customer care and asked for refund.
Further, can I file complain online in District Consumer Forum, if not, then what is the procedure to file it, moreover, what are the legal proofs which I should arrange regarding this matter before approaching
Consumer Court.
Devajyoti Barman
(Expert) 19 February 2015
Well, such disputes can not be adjudicated by consumer forum as its jurisdiction is barred in telecommunication disputes.
Only TRAI can resolve this dispute.
Lodge complaint with TRAI.
Anirudh
(Expert) 19 February 2015
TRAI has no role to play here. Its functions are completely different. Section 14 of the TRAI Act provides as under:
14 Establishment of Appellate Tribunal
The Central Government shall, by notification, establish an Appellate Tribunal to be known as the Telecom Disputes Settlement and Appellate Tribunal to -
(a) adjudicate any dispute -
(i) between a licensor and a licensee;
(ii) between two or more service providers;
(iii) between a service provider and a group of consumers:
PROVIDED that nothing in this clause shall apply in respect of matters relating to -
(A) the monopolistic trade practice, restrictive trade practice and unfair trade practice which are subject to the jurisdiction of the Monopolies and Restrictive Trade Practices Commission established under sub-section (1) of section 5 of the Monopolies and
Restrictive Trade Practices Act, 1969;
(B) the complaint of an individual consumer maintainable before a Consumer Disputes Redressal Forum or a Consumer Disputes Redressal Commission or the National Consumer Redressal Commission established under section 9 of the
Consumer Protection Act,1986;
(C) the dispute between telegraph authority and any other person referred to in sub-section (1) of section 7B of the
Indian Telegraph Act, 1885;
(b) hear and dispose of appeal against any direction, decision or order of the authority under this Act.
Nadeem Qureshi
(Expert) 19 February 2015
Dear Querist
first of all send a legal notice and claim your money with compensation and legal charge.
if they are not ready to pay the amount within notice period then you may file a complaint before TRAI.
ajay sethi
(Expert) 19 February 2015
what is the amount involved? you may end up spending more money on legal fees
Rajendra K Goyal
(Expert) 19 February 2015
author should reply the question of expert ajay sethi.
Vijay Soni
(Querist) 19 February 2015
Thank you every one for sharing your information.
However, I got really confused by two different suggestion like going to TRAI or Consumer Court. But still I am really glad that you all gave your precious time and shared your valuable knowledge.
I got your point Mr. Ajay Sethi and totally agree with you, also the amount is not quite high, but the thing is I am feeling little insecure that even if I let it go then what is the surety that this kind of injustice will never happen again. My sole purpose in this matter is to find a way that this kind of injustice never happen, at least to me and even if it happens than I should be able to get my money back.
Besides, I have also lodged Grievance at pgportal.gov.in.
I would really appreciate if someone clarify my confusion and tell me, should I do it? and What proofs should I arrange before doing it?
Thanks&Regards
