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rohit (Software Engineer)     20 June 2012

Airtel charging with false bill filled a case in lok adalyat

 

Today I received a mail from <Collections.v@airtelmail.in> asking me to pay my outstanding bill as soon as possible. Furthermore the mail says that 

"The payment has been not received for the same till date. Hence the case
has been moved to our solicitors and a Lok adalat notice has been initiated
on 28th June 2012 at The Deputy Registrar, Mayo Hall Court Complex near MG
Road Bangalore – 01 on 28th June. Between: 11 am to 4 pm for amicable
settlement of the above mentioned account."

I will like to mention here that I have requested airtel many times to disconnect my connection. I got a mail from airtel that the connection will be disconnected in next 7 days but still the connection was active for more than a month and now I am being asked to pay for a service which I did not use. 

I got many calls and threatening mails to make the payment else legal action will be taken and every time I requested for a correct bill and I was told that my request is under process and will be resolved shortly and now all of the sudden you ask me to appear in the court. 

I have all my mail conversation in my inbox. What shall I do now ?

 

Please help me.



Learning

 7 Replies

Hemang (Advocate)     20 June 2012

Despite the instructions of "disconnect the facilities availed" by the consumer amounts to "fault, imperfection and deficiency in service" in rendering the services. Hence, the Company is liable to answer the claim that is suggested to be filed before the District Consumer Grievences Redressal Forum in your District. 

 

Since the record is preserved and received in mail box, it would be the best available evidence to point out the grievences to the Consumer forum. When the mobile user does not desire to continue the services of any mobile company, the Company has to immediately respond to the issue and close down the services. 

 

According to me, you need not pay any bill for the services not utilized and more particularly, when by issuing the negative instructions to the Company. Such negative instructions to disconnect the mobile services would "conclude the contract" with the Company and hence, the mobile user is not liable to make any payment. 

 

The notice issued by the company for attending the Lok adalat has to be ignored. It is never obligatory on the part of the moble user to attend and comply with what may be instructed. The Companies are resorting to such lok adalat to get the outstanding recovered and many mobile users by attending to the same pay the alleged outstanding dues. It has to be treated as invitation for "concilliation". If any person is not aggreable to such concilliation, the mobile user can simply ignore the same. 

 

It is advisable that you should immediately file a Consumer complaint saying that the "contract was already concluded", but by not terminating the services, the Company has committed fault, imperfection and deficiency in service. Also claim the compensation for harrassment. 

 

If you are still not getting it, please attach all the documentary evidence, so that a proper draft of complaint against AIRTEL can be prepared. The same will be sent to you and you may sign it and present before the Consumer Forum. I would also guide you in relation to the procedure and how to proceed. A written brief including affidavits and arguments will be prepared for you. 

 

There is no professional motive for any gain or advantage. Please note the same. 

 

1 Like

Hemang (Advocate)     20 June 2012

Despite the instructions of "disconnect the facilities availed" by the consumer amounts to "fault, imperfection and deficiency in service" in rendering the services. Hence, the Company is liable to answer the claim that is suggested to be filed before the District Consumer Grievences Redressal Forum in your District. 

 

Since the record is preserved and received in mail box, it would be the best available evidence to point out the grievences to the Consumer forum. When the mobile user does not desire to continue the services of any mobile company, the Company has to immediately respond to the issue and close down the services. 

 

According to me, you need not pay any bill for the services not utilized and more particularly, when by issuing the negative instructions to the Company. Such negative instructions to disconnect the mobile services would "conclude the contract" with the Company and hence, the mobile user is not liable to make any payment. 

 

The notice issued by the company for attending the Lok adalat has to be ignored. It is never obligatory on the part of the moble user to attend and comply with what may be instructed. The Companies are resorting to such lok adalat to get the outstanding recovered and many mobile users by attending to the same pay the alleged outstanding dues. It has to be treated as invitation for "concilliation". If any person is not aggreable to such concilliation, the mobile user can simply ignore the same. 

 

It is advisable that you should immediately file a Consumer complaint saying that the "contract was already concluded", but by not terminating the services, the Company has committed fault, imperfection and deficiency in service. Also claim the compensation for harrassment. 

 

If you are still not getting it, please attach all the documentary evidence, so that a proper draft of complaint against AIRTEL can be prepared. The same will be sent to you and you may sign it and present before the Consumer Forum. I would also guide you in relation to the procedure and how to proceed. A written brief including affidavits and arguments will be prepared for you. 

 

There is no professional motive for any gain or advantage. Please note the same. 

1 Like

rohit (Software Engineer)     20 June 2012

Hello, 

Thanks a lot for replying back to me. 

Here you can find my complete conversation with the Airtel Customer care : https://pastebin.com/pmFcBkrS

I am student and I don't have much knowledge about the law and justice. But I am surely not going to surrender against such frauds and pay them with whatever they ask. I really appreciate your support here and look forward for more. 

 

After going through the entire conversation please tell me whether I should go to the lok adalat or not. 

 

Thank you.

rohit (Software Engineer)     20 June 2012

Also, It will be really helpful if you can explain how can I file a consumer complaint online. 

Hemang (Advocate)     20 June 2012

Relax...Relax. Taking up the issue. Do not worry. You will be provided with complete procedural aspect. Wait for at least three days to get it prepared. Concentrate on your study. God bless you.

1 Like

Ajit Singh Cheema (practising Advocate)     21 June 2012

Filing consumer complaint before the District Consumer Dispute Redressal Forum is the best option.But before moving consumer forum, please serve the company with a notice / legal notice on your part , detailing the facts as given in the query. You have a strong case and you will win with compensation for harassment. Good advise tendered by Advocate Sh  Hemang. There is so far no provision for filing on line complaint under the consumer Protection Act.

Cheena (Software Engineer)     17 October 2014

I am facing same issue today. Today I recieved a letter by Post from Airtel advocate asking to pay outstanding amount. Whereas the amount that is claimed is not at all used. After calling multiple times to Airtel helpline, the connection got cut, due to which bill was generated. Also, in past 2-3 months, Airtel services in my area were very poor, we used to get Internet 1 day in 4-5 days or not even that. Frustated with service, we asked to disconnect the service, which again took long.


Please suggest how to go ahead with this kind of service and notice from Airtel.


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