Lok adalat - mobile company filed a frivolous case
Law Student
(Querist) 04 August 2012
This query is : Resolved
Dear All,
I had taken a mobile phone 10 years back in 2002 and surrendered it with 3 months (ie. in 2002 only) as the services (connectivity etc..) was very poor. I recollect clearing all the dues with the mobile company.
Recently, about 10 days back (ie. in 2012) I get a notice from the Lok Adalat asking me to pay Rs. 4000 for amount due on this phone. No further information is provided as to which month's bill is pending etc...
My questions:
1) Can the mobile company, out of the blue, sue me for any amount after 10 years. Does the matter not become time barred after 3 years. During these 10 years I have not got a single communication from the mobile company.
2) Can a Lok Adalat notice come on just one page with no information at all except a mobile number (which they say I had) and the alleged outstanding amount? Can I demand further details for this amount?
3) The lok adalat notice has a slip (unsigned)attached to it stating 'important notice'. This slip-notice (just a small piece like a post-it) states that if I donot pay this sum of Rs. 4k then proceedings u/s 406 and 468 of IPC will be initiated which are non bailable offenses and any opportunity of hearing will be only post obtaining a bail !!!
4) Can I sue the mobile company for damages on account of cheating and frivolous complaints filed against me which is harmful to my reputation. If yes then which sections will be the most effective and howto proceed against it?
Thanks a ton in advance.
Devajyoti Barman
(Expert) 04 August 2012
Without going into merit of your case one simple statement to you-you are free to take any decision on attending the Lok Adalat.
If you remain absent no action would be taken against you.
Law Student
(Querist) 04 August 2012
Thanks, but what should be my course of action? Can they sue me u/s 406 and 468?
Raj Kumar Makkad
(Expert) 04 August 2012
You should go to court office immediately and should personally inspect the file and should enquire what has been told by company against you. The law of limitation specifically bars to recover such dues even if the same were pending at the relevant time. The criminal law has nothing to do with the recovery. Recovery is a civil law whereas 406 etc. are criminal sections and these are internally connected at all.
It seems some one has played with you.
Law Student
(Querist) 04 August 2012
Thanks Raj.
The case is registered at the other end of India and going there personally will be difficult.
I tried calling the number given on the notice a few times today but the person did not give me any details whatsoever. He always said that he will check and revert.
Do you suggest writing a stong reply to the Pre-Litigation Lok Adalat requesting them to provide all the details. Post which should I file for Mental Harassment, harming reputation and Threatening against the mobile company to teach them a lesson so that this is not repeated with other customers?
Devajyoti Barman
(Expert) 04 August 2012
There is no requirement to do anything. Just sit and rest assured.It is too late for any relief.
Saibal Guha Roy
(Expert) 05 August 2012
Fully agree with Advocate Barman. Action is time barred. DO NOT revive the claim by writing letters etc.
V R SHROFF
(Expert) 05 August 2012
Agree with Advocate Barman. Action is time barred. Limitation period 3 yrs .
RAJU O.F.,
(Expert) 05 August 2012
You attend the Lok adalath along with an advocate conversant with the subject. If you can locate any evidence of surrender of connection, please take it with you. Before taking any action, the company had to issue notice to you. Lok adalath will be passing Orders only with your consent. If the matter can be settled with payment of a nominal amount eg.Rs.500/- then agree to settle like that. Order with consent of both sides is un-appealable.
