recovery of bill amount after 3 yrs. of surrendering telephone connection
N.J. MISHRA
(Querist) 25 July 2011
This query is : Resolved
we have surrender our office's telephone connection in the year april 2008 and have cleared all the outstanding bills. recently we received notice from the service subscriber that the bill for amount of rs. 60,000 for the month of november 2007 is due and the same is confirmed by the company. i just want to know that after 3 yrs service subscrber company can demand such amount without giving any proper explanation for such delay. please member kinldy guide me.
Amit Minocha
(Expert) 25 July 2011
since all the bills were already cleared , they cannot claim the amount. Even otherwise it is time barred. An application for condonation of delay can be moved by claimant giving strong reasons for not demanding and suing earlier. It depends upon Court if it could allow. Chances are very very low.
ajay sethi
(Expert) 25 July 2011
subscriber company would not have accepted surrender of office telephone unless all bills had been cleared . at no stage the subscriber company mention in the bill that any outstanding dues were payable . in my opinion company cannot claim amount of Rs 60,000 from you . claim would be barred by limitation
N.J. MISHRA
(Querist) 26 July 2011
dear all,
it is already time barred, what should be done whether to reply the notice recieved from the service subscriber company. i heard that once the notice is replied after time barred, a new limitation period starts from the date of receiving the same. infact when we received the notice from the company, our accts. officer replied to them by stating that "we receipt of your notice and will revert with our reply". what will be impact of this reply, kindly guide.
M V Gupta
(Expert) 27 July 2011
Issue a reply stating that you had already paid the amounts due to the service provider and that you are not liable to pay any amounts for the telephone in question. This kind of reply denying your liablity would not save limitation.
dev kapoor
(Expert) 27 July 2011
It is certainly TIME BARRED.If you dont wish to reply,no harm is going to be do.Otherwise send them a NOTICE asking them to desist from making time barred demand or from filing a suit failing which they would be liable for costs & damages.In such cases there is NO condonation of delay.
prabhakar singh
(Expert) 28 July 2011
I see expert AMIT MINOCHAS a little confused about law of limitation on suits where courts are not vested with any discretion to condone
even a single day delay which is 3 years from the due date or its acknowledgement.
To others it is time barred,which holds water.
But still i desire to add that A RIGHT AND SO ALSO A DEBT NEVER DIES BUT THE LEGISLATURE DECLARES IT "NOT ENFORCEABLE" THROUGH COURT,
BUT LAW NEITHER PROHIBITS HONESTY NOR PUNISHES AN HONEST WHO PAYS A BARRED DEBT AND IN THIS REGARD I NEVER WISH TO PROMOTE
DISHONESTY PLAYING WHICH CAUSES ADDICTION
REDUCING THE SENSE OF MORAL IN COUNTRY'S MEN.
