Threatening calls by idea cellular ltd.
Ankur Srivastava
(Querist) 23 April 2014
This query is : Resolved
Dear Gentlemen,
I want to file a Writ petition in High Court against the threatening calls by Recovery Agency hired by Idea Cellular Ltd. In my case there was dispute of a very small amount for which I had already communicated to the top most management level of Idea Cellular Ltd. including even Mr. Himanshu Kapania (M.D.-Idea Cellular). I never defaulted any payment, however held the payment because of negligence of Idea Cellular Ltd. after informing them in writing and after some time the company started threatening my wife and other female family members. I called the and emailed Idea cellular Ltd. that there is some mistake, I have held the payment till the time you resolve my problem, I have even communicated them in writing (email) and technically I am not a defaulter so my name and details should not be given to recovery agency. I even said if you consider me a defaulter, talk to me directly, I am not absconding, I have been in regular touch with them but they didn't stopped. They kept threatening my relatives and wife. When I filed a FIR with Indirapuram P.S., Ghaziabad, they started apologizing me. Again after a couple of weeks they started the same. As per my last communication with Idea co. it was mutually decided that Idea should apologize formally to all the family members who has been harassed by them and I donot my paying the amount and settling the accounts with Idea. I don't know whether they apologized to all the concerned people formally or not, but my friend in Delhi, Mr. Rajeev Pratap Singh received a indecent call today inquiring about me and the amount due with Idea cellular Ltd. and when I came to know this I called Mr. Deepak Jha, an employee of Idea, whose team was in regular conversation with me over the issue told me that I have not made the payment and hence they reserve right to threaten or abuse any of my friend or relative. I even tried to tell him that since I had no confirmation that they have apologized to concerned people, I am in an impression that the apology emails/calls are still in process and hence I didn't made the payment, but he reciprocated that, now do what ever you want to do, we won't stop making such calls. Please advise what to do now.
It will be great help to me. Since I belong to very respected family, even my father was also a Public Prosecutor in Lucknow High Court, I am very much mentally disturbed with all this going on with me.
Regards,
Ankur Srivastava
+91-8587822249
Devajyoti Barman
(Expert) 23 April 2014
You first lodge complaint with local police. The police would not act on your complaint.
Then file writ petition in high court against police inaction.
Sudhir Kumar, Advocate
(Expert) 23 April 2014
writ petition lies against Govt bodies only. SO act as advised by Mar Barman.
But this advise will be fruitful only if the contents of the calls create any offence. Incidently you have not quoted contents of such telly calls.
Rajendra K Goyal
(Expert) 24 April 2014
Lodge FIR after recording their indecent conversation and if no action by police file complaint to court u/s 156(3) Cr.PC.
T. Kalaiselvan, Advocate
(Expert) 24 April 2014
Please follow up the matter through police and if you find the police are ineffective then approach court with a private complaint seeking direction to the police for more effective action in this regard.
Ankur Srivastava
(Querist) 26 April 2014
Dear Sirs,
Thank you very much for your responses. The content of the calls were abusive slangs, usually the caller is very arrogant calls without permission of the person who is being called (as directed by Hon'ble Supreme Court) starts speaking arrogantly and abusively as the person receives the call. I went to Police several times, even wrote mails to SSP and DIG of the range but in vein. Since most of the people have received calls unexpectedly they didn't recorded the call. When the SHO of the Indirapuram police station called the no. against which the FIR was registered a girl who received the call started abusing him saying that he is a fake caller hired by me, and pretending to be a policeman. I was ashamed of the helplessness of U.P. Police.
I have more than a 100 emails which I sent & Received (to & from Idea) in which I have raised the concern. Even I went to CNBC Awaaz and they telecasted my interview in their show "Pehredaar". Now, when these things again started, I called Mr. Deepak Jha of Idea Cellular whose team was into regular follow-up with me and he straightforwardly said me "Tum paise agar nahi denge to ye sab hoga, jo karna hai kar lo, FIR kar lo, case kar lo, jo ban pade kar lo." The most surprising thing is, I have always copied Mr. Himanshu Kapania (M.D. of Idea Cellular in several of my emails). The thing is not about money, the fight is about Legal Procedures, Customer Rights and Dignity of the female members of my family and Friends. Please guide me in detail so that I can fight this injustice. I have not much experience of legal proceedings and hence require guidance.
ajay sethi
(Expert) 26 April 2014
file complaint before magistrate under section 156( 3) to direct cops to investigate and submit report .
Ankur Srivastava
(Querist) 26 April 2014
Thank you Mr. Sthi. Can I do it from Ahmedabad, I have been transferred to Ahmedabad now, and the FIR was filed in Indirapuram, Ghaziabad, UP, but my wife and other people are still receiving the calls. However I have filed a complaint to TRAI, DoT, Ministry of Corporate Affairs, Ministry of Consumer Affairs and Ministry of Law.
Shall I go ahead and file a complaint before magistrate us 156 (3)?????
ajay sethi
(Expert) 26 April 2014
you have to file it in ghaziabad . calls are being received in ghaziabad .
Ankur Srivastava
(Querist) 26 April 2014
Me and my family is in Ahmedabad. My wife is in Ahmedabad, My minor brother in law is in Dehradun (He is a school boy and they called to threaten him), all my family is in Lucknow and my inlaws also not in Ghaziabad. So how should I procedd. Recovery people have my call details and they randomly call my frequently called numbers. If you can share your email address I can forward you the emails which Idea Cellular and I have shared on this subject.
Devajyoti Barman
(Expert) 26 April 2014
Any victim can file police complaint from where he received such threatening calls.
Kumar Doab
(Expert) 04 May 2014
As suggested by Mr. Barman you can file FIR at Ahmedabad too if calls are received at Ahmedabad.
Harried customers have been contemplating to initiate pages at portals like:
Facebook
e.g;
https://www.facebook.com/tikona.fraud
There are citizens that have placed recorded conversations at online portals and everyone including MD of the company can listen.
It has been tried by united communities:
The crowd of community, well wishers visited the local BM forced him to obtain and provide full details of calling agents with address and the corresponding manager of Telecom company in-charge of the agency/agents , RM/ZM-Recovery and then the action was Tit for Tat. Their relatives, child-students, teachers etc were called.
In one particular incidence the RM-recovery had to travel and make himself present in o/o Lawyer of the citizen and beg apology.
K
He was provided the copy of CD of video video...........begging apology and was asked to show to his spouse, children, colleagues, friends....................or they shall be sent copy of video.
latest is local BM and Manager in local HO of M/s Vodafone that had to be present in local police station.
In united communities now be it M/s Idea or anyone else.....................can't dare to indulge in such practices.
It is of course not everyone's cup of tea.
However it is so easy to unite.
Try it.
