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Mobile bill

(Querist) 05 December 2015 This query is : Resolved 
Hello sir, I was using one idea postpaid mobile number of which I was charged around rs2000 excess in the name of Internet charges. When I demanded explanation from customer care they failed to give me satisfactory answer and insisted me to pay bill whatever is it. When I called them again and again they gave me choice to waive rs1000 if I activated rs175 Internet plan, to which I rejected that offer and decided to disconnect my number permanently which I did by paying total bill of around 3000. Now I want to sue the company in consumer court because I know the bill
I paid was totally wrong. Because I never used Internet services on that number. Please suggest me what to do now?
Kumar Doab (Expert) 05 December 2015
Did you communicate on all points that you have mentioned in writing in your query?


If: NO you may narrate all representations in writing (mention dates,names,brief minutes of discussion) in writing under proper acknowledgment at any of the POS,office, Customer Care under proper acknowledgment.................and mention that you were coerced/forced to pay and you paid under protest and demand refund.



It shall be better if your narration and representation is drafted by your able lawyer.



Later you can approach DCDRF if company does not provide relief to you.
H.M.Patnaik (Expert) 05 December 2015
Very well advised.
Advocate. Arunagiri (Expert) 05 December 2015
Consumer Forums are not empowered to register a case against telecom companies. You have to approach the civil court for remedy.

Or

Every telecom will have a Nodal Officer to conduct enquiry on the consumer complaint. You can lodge a complaint with the Nodal officer of that Mobile operator. You can take the address of the Nodal officer from their website.
Kumar Doab (Expert) 05 December 2015
Consumer fora are empowered and have decided many cases involving private telecom operators.

DoT has already issued the notification also, providing clarity.


The notification has been attached in many threads.
Rajendra K Goyal (Expert) 06 December 2015
Consumer forum is empowered to hear complaints regarding private telecom operators. You can approach.
jeet Singh (Querist) 06 December 2015
Thanks a lot.
Advocate. Arunagiri (Expert) 09 December 2015
DoT's circular, cannot set aside the Supreme Court Decision in Krishnan's case.

I have no knowledge whether this circular was upheld by the Supreme Court or not?

Kumar Doab (Expert) 09 December 2015
There are many threads at LCI also on the similar matters and many judgments/decisions are also cited.

Some of these are at:


http://www.lawyersclubindia.com/search_results_custom.asp?q=Consumer%20forums%20can%20decide%20private%20telecom%20cases#.VmfgHl5-jMo




e.g;



http://www.lawyersclubindia.com/forum/consumer-court-remedy-V-s-Pvt-cellular-service-providers-12623.asp
Advocate. Arunagiri (Expert) 11 December 2015
http://www.lawyersclubindia.com/forum/consumer-court-remedy-V-s-Pvt-cellular-service-providers-12623.asp

the above judgement is of a Consumer District Forum in the year 2009.
But, the SC had decided that the consumer forum can not deal with the telecom cases.

Mr.Kumar

Please help me to update my knowledge. Is there any case law upholding the circular of the telecom department, also against the SC order.
T. Kalaiselvan, Advocate (Expert) 13 December 2015
The author can approach consumer forum for relief against this atrocity by private telecom players. This clearly amounts to deficiency in service.


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