Keypan (doctor) 27 May 2014

Compensation for mental agony

I want to file a compensation claim against an internet provider company which is making fake calls to extract the money which m not liable to pay.It was a prepaid internet plan and even after I discontinue with their services they were asking for advance bill for next cycle.Later on they started making threatening fake calls to pay the bill.Since last one year they have been calling me from different numbers using ALIAS as Delhi police inspectors and Delhi court employees.I have atleast 6 six recordings with me.I approached a consumer society and lawyer suggested me to also file an FIR for those calls.So I am seeking suggestions for:

1)What could be the maximum compensation for this kind of claim?

2)Will filing an FIR help in this claim?

3As the company is into same practice with many other customers too,could appealing in TRAI also be more appropriate to punish them for their unlawful practice?

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3 Replies

kaushlendra singh (Account manager) 27 May 2014

Hi i wanted to complaint of harassment by bank agent, we have got a truck financed by cholamndalam we are paying the EMI on time few time little late now their recovery agents are coming every day at my home abusing harassing even though we are making countinious payments sometimes they come at my home asking for unmanagable amount or they will posses the vehicle. even though we are making our payments still they abusing and harrasing by coming at our home. what we should do.

T. Kalaiselvan, Advocate (Advocate) 29 May 2014

@Keypan: It is not understood that how the IP is levying you with bills when yours was a pre-paid plan?, your question contradicts your claim. their calls threatening to pay the bills are not to be taken lightly, you can lodge a complaint with the police for intimidation, alternately you can issue a lawyer's notice to the company demanding compensation for the mental injuries inflicted on you, upon which you can approach police or court seeking remedies.

T. Kalaiselvan, Advocate (Advocate) 29 May 2014

@Kaushlendra Singh: If you feel that the cholamandalam company is adopting illegal methods to extract money from you, you can very well lodge complaint against the agents who approach you in person and give threatening calls against the loan repayment. They cannot act arbitrarily this way, if at all there isa default in repayment, they have to approach to the issue under due process of law only. The RBI guidelines and Supreme court rulings are very clear on the subject issue. You may proceed as advised.