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manikandan (clerk)     24 July 2013

Telecom service provider threatening to take leagal action

hi iam manikandan, am residing at chennai.

 

i took a broadband connection form airtel on december 2012, which i used for some months. 

i shifted my house within chennai and asked them for shifting my connection. 

i paid my due amount fully and placed my request. 

for two months i didnt receive any calls or mails regarding the shifting process. 

after two months they called me and said that i wont get my connection due to some technical issues and asked me 

to deactivate my connection.

since there is no use in talking with them i deactivated my account. 

after a month later they called me and asked to pay a sum of 3500 as bill during the inactive period of shifting, 

(i.e)during the period when i placed my request for shifting and the date my connection was deactivated. 

as per their norms they promised that they promised me to deliver my connection within 5 days of time,but they took 2 months to say that i wont get the connection. 

now they are threatening me for leagal actions. help me how to face them.



Learning

 2 Replies

Sudhir Kumar, Advocate (Advocate)     24 July 2013

give tehm a notice and move to consumer court if they do not listen.

Kumar Doab (FIN)     25 July 2013

 

In all probabilities some employee/agency of the company shall get its name featured for delay, error and to pass the buck your name has been passed on to collection and recovery agents……………….This seems to be a common practice………….

If there is no service at new address the company could have declared it at the time of full payment of last bill by you and seeking transfer.

 

However if the company declared it would have resulted into loss of one account…………..in the times of break neck competition.

Did it declare to you that it has service in new locality?

 

Does the company have service in your new locality?

If NO has it ever conducted any feasibility study?

 

 

 

 

 

As per publications at various consumer portals, LCI this company is notorious……………..

 

It is as simple as that company did not install at all connection at new address, hence no service is rendered……………..thus no bill should have been raised. You may have to agitate to cancel all bills and confirm in writing and supply you FNF bill showing no dues………..and call back your name from list of defaulters, credit bureau’s etc in writing……………..

 

The customers/consumers also make errors by not putting everything in writing to the company…………………………under acknowledgment.

 

Customer must always transact in writing under proper acknowledgment, and keep copies of all record e.g. Subscriber’s application form, T&C booklet etc…………..and record of all phone calls (with date, time, name of company personnel, transaction/complaint id…………..)

 

You may carefully go thru T&C communicated to you for the first time when connection was applied for by you or when company approached you.

You have posted that:

 

----------“after a month later they called me and asked to pay a sum of 3500 as bill during the inactive period of shifting, “

Has the company supplied you the bill or it is just a telephonic demand? Are they pressing for payment to the collection agent that shall for collection at your address?

 

If you have received the bill, obtain the contact details of the local BM, and pay a visit along with crowd of well wishers and submit a representation by hand under proper acknowledgment and demand confirmation in writing within next …………….say 7 days………..that bill has been cancelled and connection has also been cancelled from dated……………………………….(when you paid in full and ask to transfer the connection)……………………

 

 

Thereafter if need be represent to MD, CEO of the company and submit a fitting reply by redg. post with a copy to Chairman: TRAI, and make a mention of police complaint lodged by you, Mark a copy to your lawyer…………………………..

Mention that no more phone calls would be entertained and reply on letterhead under original seal and signature of the competent employee of the company should be supplied by redg. post only and if the MD states in writing a postage prepaid, self addressed envelope can be supplied to him………………………….

 

 

----------“now they are threatening me for leagal actions.’

 

No one can pass any threat including for legal action. If the company wants to sue let it approach the court of law and court summon you………….

Record all such calls, and lodge police complaint for attempts to extort amounts and intimidation, threat, coercion………………

 

---------“i shifted my house within chennai and asked them for shifting my connection. i paid my due amount fully and placed my request. “

Do you have the receipt for full payment till the date of instruction for transfer and acknowledgment of your instruction for transfer of connection, and transaction id?

 

 

Did you ask in writing or if was by phone call do you have the transaction id issued to you?

 

Did you provide new address and did the company confirm that it has service in new locality? Did it conduct physical verification of the new address, if yes do you have the copy?

 

Has the company mentioned your new address in its latest bill demanding outstanding payment?

If yes it needs to prove that connection was installed and a report citing satisfaction was signed off by the customer.

 

-------“after two months they called me and said that i wont get my connection due to some technical issues and asked me to deactivate my connection.“

 

Did you state in writing under acknowledgment that as per phone call from phone number at phone number on dated………………by Mr/Ms……………..M/s Airtel has stated its inability to install the connection at address…………………..and instead of company’s letter to you confirming its inability you have been asked to write to cancel the connection and hence the communication for cancellation of the connection at NO cost to you as you have already paid the company in full for the usage as your end………………and company must supply you the confirmation to this effect by redg. post so as to reach you in next………….say 7 days and NOC.

 

--------“as per their norms they promised that they promised me to deliver my connection within 5 days of time,but they took 2 months to say that i wont get the connection.”

 

Do you copy of such norms?

You may surf TRAI website and look into rules………………………………..

 

 


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