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Alex (Manager)     14 November 2009

Legal notice in email ?

Hello,

I have a disputed amount to be paid to a mobile company (as per the company), after I had disconnected their service ( they kept the service on even after I formally requested them to terminate it and I was asked to pay for 4 months basic charges although I had moved out of state and before that had requested to terminate the service).They had acknowledge my request to terminate and I have that email but they still kept the number on. I feel it is unfair as it is the companys mistake they didnt terminate it in 7 days as per the TRAI guidelines so I tried to convince the company of their mistake but they insisted I pay this.I had no choice but to let it go legally since I feel its unjust. I was using this connection in Vishakapatnam in 2008.I moved out of Vishakapatnam and later moved to Qatar and has been here since.They have corresponded to me in email and I had convinced them and even escalated to their district,state and national level,although I never got a reply from them.

Last week I got a email from them asking me to appear before court given below but no address was given as to which court or where.This email came from the mobile company and not from a legal office or court.I am not sure if this email was just send out to pressure me to pay and in fact is not a legal notice.

I want to know if this email notice (despite inconsistencies like no address was mentioned) is legally binding and should I reply to it ?

And if I have to appear, can I ask a representative advocate to attend the court since I am working in Qatar now.

Pls let me know what are my options and what should be done.  now.

Thanks

Alex

 



 15 Replies

Anish goyal (Advocate)     14 November 2009

I think it is just to scare you.
1 Like

Adv. T.K Sujith (lawyer)     15 November 2009

There are some clever brains behind d mobile mobile company.....

u need not present before any court without a notice which is in prescribed form, official seal and send through regd. post by a competent court.

1 Like

Kiran Kumar (Lawyer)     15 November 2009

Sujith ji is right, unless and untill u recieve a notice under the stamp and seal of a court, u should not worry about the things.

 

these are merely recovery tactics of such private operators...if u are harrased again then simply move a complaint against the company before TRAI.

 

 

2 Like

Alex (Manager)     15 November 2009

Thanks to all of you for the clarification.

One other thing that I want to ask is this - The last address with the mobile company was my rented apartment in Vishakapatnam.I have hence moved out from there and later to Qatar.If they would be sending a formal notice by post, would I have to check with that address proactively ? I dont keep in touch with the landlord and I dont have any one in Visakhapatnam so I am wondering if there is something I should be doing proactively ?
Thanks

 

rachna agarwal (advocate)     15 November 2009

company is playing a game with you so that you may harrased .if you scare. you will pay the amount. you don't need fear.

                                                                          Rachna agarwal

                                                                              Advocate

k.radha krishnan (independent practice)     15 November 2009

there is no provision in the civil procedure code for service of summons through E mail. in case your earlier address is the rented premises , notice might have been sent to the same ,since it is the last known residential address and only after return of notice, private notice through reg. post will be ordered then publication in the news paper and in any case if at all any case is filed against you ,you will be called absent and order will be pronounced. Email service is no service . any how nothing wrong in placing actual fact informing them as to no claim in your case. k.radha krishnan advocate
1 Like

(Guest)

Lodge a complaint with police for blackmailing and mental harrasment.


(Guest)

 Imagine even in this age, the company is so confident that it thinks it can bully customers into giving such hilarious threats...... asking them to appear in court in email.

meenu katuria (student)     16 November 2009

 i agree with Mr.P.Sathya Prakash u must complaint 2 the nearest Police station that ur geting mails which blackmailing & giving u mental disturbance.  

k.radha krishnan (independent practice)     16 November 2009

   Email only refers appearance in the court - hence there is no question blackmailing   will arise in this case . even company might have moved legal services authority -in that event they might have sent the information to notify you because of shifting of residence- for want of service of notice- so you cannot  make sure   every thing unless you posted with correct fact- in your case you claim to have been paid the amount-settled the account  in this circumstance it is for you to clarify  your position to the company -and a duty is cast upon you for the same-feel free to contact the company with relevant fact -nothing wrong in it. good luck .

k. radha krishann. advocate.chennai. tamilnadub


(Guest)

Mr.Radhakrishnan,

Mr.Alex mentioned he received e-mail wihout mention of Court and its address.

It can be treated as pre notice if all details are mentioned in the e-mail.

Reputed companies don't send such type of e-mails.

It is nothing but blackmailing and mental harresment of the customer or ex-customers.

Alex (Manager)     18 November 2009

Hello,

Thanks to all for the clarification.

I would like to know more about Mr. Radha Krishnan's view on the matter. Since I have moved out from Vishakapatnam, should I be checking with the landlord if they got any notice ?
What would be the consequences if I dont arrange a lawyer to represent me even if such a notice was issued. I am in Qatar now and despite serious energy and time being spend to convince the company that I am not responsible for anything thats beyond the date of termination of my mobile service, they dont seem to understand.

I think they want to drag this so that I pay up despite the fairness of the reason, so I would want to know what are my options if I dont proactively chekc with the landlord and I dont arrange anyone to represent me for the said notice.I was thinking if I wasnt using that email, how would the company expect me to be present at the court (assuming if this is really a valid notice and not a gimmick).

I have paid every dues on time to the company but I want to make sure that they dont coerce me to pay up even 1 rupee for any mistake of theirs.

John Samuel (Manager)     10 December 2009

Yes. It's a strategy to threaten you. But I think it's illegal.

I think you should make a complaint with cyber crimes cell.

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     04 January 2010

As suggested by Satya prakash  no other option is left with lidge a police complaint, do not delete the message.


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