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Reghu (Partner)     14 June 2013

Broadband company harassing me with calls

Hello reputed members of the forum, I am so glad that I could find this forum on google, and this forum seems to be awesome and extensive. Thumbs up to the site owner who came up with the idea of creating this lovely forum. And I think that Im going to be a regular here, as I used to be a wannabe lawyer, and i am always interested in law. 

 

So here is the problem that made me search for a law forum in India. I don't want to disclose much details or geo locations here, but basically it goes like this. 

 

About a year ago I had a broadband plan taken, with an advance rental plan for 6 months, which was paid along with an installation fees. The service was horrible that by the end of the 4th month I requested cancellation by the end of the 5th month itself which was done by them duly. Now after a year, I get a call from someone who claims to be from the legal department of a Mumbai court, and says that a case has been filed against me for non payment of a bill of Rs 1000 odd, and that I should call someone else for an out of court settlement, or come to Mumbai tomorrow with a fine of Rs 30000. Obviously it is a bluff, I know this much that courts serve notices and dont make calls, and someone from the court is not going to tell you to make an out of court settlement. I have received 3 calls so far, and in the last call I have told the person that I would like to make a settlement through court after the bill is explained to me. I haven't received a call since. 

I'd like to ask the members here if I really should pay this money that is been billed to me which is totally undue, as I have made a payment in advance for a 6 months plan and cancelled on the 5th month itself. Technically they owe me a months rent, but I understand that its in their terms and they won't refund it. Do they really have grounds to proceed with a case against me just by generating a bill with any amount they want? Can they file it in Mumbai while I live in Delhi? Also is it legal for them to call me and harass me often, claiming to be from a court? Do I have grounds to recavour on them because they do this? It looks like they want me to give in and make the payment, and I admit that the amount is not worth putting up with the calls, but why should I pay someone money that i do not owe?

Is there grounds for a PIL, to screw up agencies like these who are messing around with people to make them pay for bills that are not really due to them?

Thanks a ton

 

Reghu Pillai



Learning

 2 Replies

Adv k . mahesh (advocate)     14 June 2013

dont worry those calls being made by the recovery section were the persons who make full payment and leave in middle only to harass and for mental tension

if you get any call then firmly with strong wise tell them to issue a legal notice first and then follow the procedure and you will also fight legally as you bound by mumbai jurisdiction

not only broad band in every company such calls comes and some will be trapped.

VISHNU PROMOD SRIVASTAVA (ADVOCATE)     17 June 2013

U are advised to write to the CO. from whom U had taken broadband connection stating the facts and ask them to intimate U the dues if any while according to U there are no dues.If the CO. does not give U proper reply  U may refer the matter to TRAI.  In case any assistance is needed U may contact me.

VISHNU PROMOD SRIVASTAVA, ADVOCATE 


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