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Law Student (NA)     04 August 2012

Lok adalat - mobile company filed a frivolous case

Dear All,

I had taken a mobile phone 10 years back in 2002 and surrendered it with 3 months (ie. in 2002 only) as the services (connectivity etc..) was very poor. I recollect clearing all the dues with the mobile company.

Recently, about 10 days back (ie. in 2012) I get a notice from the Lok Adalat asking me to pay Rs. 4000 for amount due on this phone. No further information is provided as to which month's bill is pending etc...

My questions:

1) Can the mobile company, out of the blue, sue me for any amount after 10 years. Does the matter not become time barred after 3 years. During these 10 years I have not got a single communication from the mobile company.

2) Can a Lok Adalat notice come on just one page with no information at all except a mobile number (which they say I had) and the alleged outstanding amount? Can I demand further details for this amount?

3) The lok adalat notice has a slip (unsigned)attached to it stating 'important notice'. This slip-notice (just a small piece like a post-it) states that if I donot pay this sum of Rs. 4k then proceedings u/s 406 and 468 of IPC will be initiated which are non bailable offenses and any opportunity of hearing will be only post obtaining a bail !!!

4) Can I sue the mobile company for damages on account of cheating and frivolous complaints filed against me which is harmful to my reputation. If yes then which sections will be the most effective and howto proceed against it?

Thanks a ton in advance.



Learning

 1 Replies

Kumar Doab (FIN)     04 August 2012

You may show the notice to your lawyer.

It might be a special Lok adalat or permanent lok adalat.

If you have cancelled the connection and paid FNF Amount Company must have issued FNF payment receipt. If you have the proof you can take this company to task.

It is felt that the claim is time barred. Let your lawyer opine finally, before you act or write.

 


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