pre litigation notice from lok adalat
Newbie Newbie
(Querist) 15 November 2010
This query is : Resolved
hi,
a friend of mine took a postpaid mobile connection by my name / address proof and was using it for the past 5+ years, from the last 4-5 months he was not paying the bills and his connection was disconnected. last week i got a notice from lokadalat to appear before lokadalat court. i told my friend to pay the bill, but he is not willing to pay and says that he did not use the mobile for the last 4-5 months and now my friend is not responding to my calls / email. what happens if i do not go to the court. the amount pending is Rs. 1800. will the company be willing to write-off the amount and not pursue any further case. please advise. also can i file a case against my friend for cheating. what is the procedure. plz let me know
R.Ramachandran
(Expert) 15 November 2010
First and foremost, the facts situation revealed by you, you cannot sue your friend for cheating.
The charges for mobile connection are based on rental plus calls made. The plea that the mobile was not used etc., will not cut ice.
If you appear before the Lokadalat and ask for settlement, probably instead of Rs. 1800/- it may get settled for a lesser amount.
Your friend will be no where in the picture since it is you in whose name the phone is working.
aman kumar
(Expert) 15 November 2010
postpaid mobile connection by your name / address proof and was using it for the past 5+ years, from the last 4-5 months he was not paying the bills and his connection was disconnected. last week you got a notice from lokadalat to appear before lokadalat court.
but what you can do ?
1 you can case if you have / arrange back date phone missing reports to police .
2 you can arrange phone no, stopping application to phone company. back date .
3 you can pay money 1800/- for your faults
Newbie Newbie
(Querist) 15 November 2010
thanks for the reply...
what happens if i dont appear before the lokadalat. what is the next step they can take.
R.Ramachandran
(Expert) 15 November 2010
Lok Adalat is a facility to speedily dispose of the pending cases. If you do not go then the court case will drag on. Ultimately if the court comes to the conclusion that you are liable to pay, you will be paying the amount probably along with interest also. That's all.
adv. rajeev ( rajoo )
(Expert) 15 November 2010
You have to make the payment. If you have got solid evidence regarding the use of the SIM by your frnd then you can recover the paid bill from him.
Sri Vijayan.A
(Expert) 16 November 2010
1.MAKE PAYMENT
2.Otherwise, you may have to pay the costs also
3.Reducing the cost is at the discretion of the mobile co.
4.If u can prove that ur friend has used the phone, u can recover the charges from him
5. But the cost for recovery may be more than Rs.1800
6.Consider it
