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Shivam Arora (oNE)     10 February 2012

Telecom dispute

My father purchased a pre-paid connection of a mobile company. After three months, I started using it as I couldn't get a connection in my name since I didn't had a voter card or a driving license. A service was activated on my number without any request from my side and I was charged more than 200 rs for it at the rate of Re 1/ day. When I came to know about it after more than 3 months, I lodged a complaint with the customer care. The customer care representative acknowledged that the service was activated without my knowledge and that I will be reimbursed. I have even recorded that call as an evidence. But that hasn't happened till date. I have explored all the possible remedies including writing to the nodal officer but nothing has worked. Now I want to file a case in the consumer forum. What I want to know is that whether the fact that the connection is in my father's name and not mine, bars me from filing the case or I can file the case?

Thanks in advance

Shivam Arora


 8 Replies

adv. rajeev ( rajoo ) (practicing advocate)     10 February 2012

Yes you cannot file a consumer complaint.  Your father has to file the complaint because connection is in his name.

sridhar pasumarthy (ADVOCATE)     10 February 2012

You have no locus standi to file the complaint.

Advocate Bhartesh goyal (advocate)     10 February 2012

you are not  consumer of  service providing company so you can not file case against that company..

Shivam Arora (oNE)     11 February 2012

Thanks a lot to all of you for replying to my query. Can in that case the recorded telephonic conversation I had with the customer care be at least used as an evidence? And also whether I can argue the case or my dad will have to argue it. I read that one doesn't need to get a lawyer to contest a case in the consumer court.

sridhar pasumarthy (ADVOCATE)     11 February 2012

Yes  One can argue his own case without the assistance of a lawyer.

As per the recent judgment, even a non-advocate can represent the parties to a case before a consumer forum.

Shivam Arora (oNE)     11 February 2012

Thank you Mr. Sridhar for your help. Can you tell me the name of the judgement where this has been said? And can the telephonic conversation recorded by me be used as an evidence in the court notwithstanding the fact that the connection is in my father's name?

Thanks in advance

Shivam Arora

sridhar pasumarthy (ADVOCATE)     11 February 2012

Dear Shivam Arora,

C. Venkatachalam Vs. Ajitkumar C. Shah  Go through the following link

Shivam Arora (oNE)     13 February 2012

@Sridhar Thanks a bunch Mr. Sridhar. The judgement sent by you suffices my query from all the corners. The only question I want to ask now is, Can the tape recorded copnversation be used as an evidence by me in the  consumer court? Many thanks once again for your help.


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