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Mahesh Anand (No)     10 December 2011

Unsolicited service

Hello to all the worthy members here. My moblie service provider has activated a value added service on my number without my consent and knowledge and I am charged at the rate of Rs. 2 per day in respect of it.  When I called on the customer care,I was told that these services have been activated from your end which is absolutely baseless. I have never subscribed to any value added service since I had my first mobile connection. My calls were disconnected by the customer care and I continue to be charged for the service which I never suscribed to.. I want to know if I can get any relief from the consumer court.

Regards

Mahesh Anand



Learning

 7 Replies

Kumar Doab (FIN)     10 December 2011

Some of the services are provided as pre-activated, without any activation charge.

If it is post paid connection, you may sound them that you may deduct the charges of unsolicited services from the monthly bill if the amount is charged and demand proof of activation from your end.

If it is prepaid connection the amount is being debited from amount of recharge.

Customer care executive can not disconnect the call and can not deny providing complaint number.

You may visit the local RO of the company in person and lodge complaint and obtain complaint number or send an email to the nodal officer and if not resolved to appellate officer. If the service provider does not resolve you may choose the option to reporting to forums like pehredar or consumer forum, TRAI.

The majority of the service providers train their staff to act like this and that is why complaint of almost all customers suffer the same fate and the customers who tame and shame them get reversals and better services.

Mahesh Anand (No)     11 December 2011

@ Kumar Thanks for your prompt reply. I really appreciate it. My calls to their customer care have been barred now. Not only have I been charged for the unsolicited service but the calls I made to their customer care to seek rederess were charged at 50 paise for every 3 minutes. I am a loser in every way. I am paying for the services which I never asked them to activate on my pre-paid connection and now I am charged for making calls to their customer care. I also sent an e-mail to the concerned officer but he has not reverted till date. It needs to be mentioned here that the incident took place a week ago.

I want to know if I can sue them in the consumer forum.Can the forum entertain my case?

Warm regards,

Mahesh Anand

Kumar Doab (FIN)     11 December 2011

Complaints at compliant helpline number 198 (which is same for all telecom companies) can not be charged. Call 198 and do not leave until complaint number is issued, Record these calls.

Company can not bar calls to customer helpline.

Structure your complaint and draft it properly. Arrange a group of people (who shall be your witness) and submit to local office (RO) of the company under acknowledgment, and obtain complaint number on your copy. If they do not respond dispatch to nodal officer  by redg. post and demand reply in writing by redg. post, and mention that a postage prepaid self addressed envelope for reply is enclosed. Next escalation is appellate authority, and then TRAI, consumer forum.

Mahesh Anand (No)     21 December 2011

I tried everything and it all went in vain. I have recorded my conversation with the customer representative of the company where he could be heard acknowleding that a service was activated on my number without my consent and I have been charged for it. He could also be heard saying that the balance would be refunded to me within 24 hours.However,that has not happened till yet.

I have an importtant question to ask you. I read on another thread that Supreme Court has ended the jurisdiction of the consumer forums as regards telecom matters. Does it apply to my case also? Do I also have to take recourse to the procedure under Telegraph Act or I can apply to the consumer forum?

Thanks in anticipation

Kumar Doab (FIN)     21 December 2011

Submit a written representation to the nodal officer and mention that on dated................the representative of the company Mr/Ms...........at company phone number......................during your or company's call at your phone number..................stated that unsolicited service of...............was started by company without the consent of customer and agreed to refund the charged amounts within next 24 hours..but has not.

Demand the recorded conversation from nodal officer and text of conversation in writing and notes recorded by the representative in the notepad/computer and official address of the representative, in next 7 days.

In all probabilities nodal officer shall not supply and then you may escalate to appellate authority.

Simultaneously you may visit the office of the company with your witnesses and play the recorded conversation and record (audio/visual) your representation to the company and prepare the minutes of your discussion then and there and impress upon the BM/RM to  receive and acknowledge the receipt.

You may approach eminent local newspaper and forward your complaint to print and electronic media e.g

https://www.mouthshut.com/

complaint@network18online.com

pehredar@moneycontrol.com

 

pehredar@network18online.com

 

https://www.facebook.com/Pehredar

www.bighelpers.org

 

Tame and shame them. If you are in a corporate and have friends in corporate you can join hands and from a community of neighborhood etc. build pressure on local BM that your community shall advice each and everyone to use mobile number portability and ban this company.

You can also mention to the nodal officer/appellate authority that you are contemplating to apply the choice of MNP.

You can log on the company web site and avail the email id/ addresses of top management and mention that you shall fight for your rights and shall be constrained to go public at the cost and consequences of the company.

You can lodge a complaint to TRAI/DOT and later use RTI to find status of your complaint and resolution.

Mahesh Anand (No)     22 December 2011

@Kumar Doab--Thank you one again.You have been of great help for a layman of law like me.

I have already made my representation to the nodal officer on 1th December,2012 and he promised to reimburse the amount within an hour but a week has passed by and his promise remains unfulfilled. I wrote to a few websites yesterday including two mentioned by you and let us see what happens.. I want to know though if the consumer forum at my district has the authority to take up my complaint in view of the much mentioned decision of the Supreme Court of India where it has said that such complaints can only be made under section 7-B of the Telegraph Act?

Thanks in anticipation

Warm regards,

Mahesh Anand

Kumar Doab (FIN)     22 December 2011

"I have already made my representation to the nodal officer on 1th December,2012 and he promised to reimburse the amount within an hour"

Have you represented to Nodal Officer by phone or in writing? Did you record the call?

When you call the o/o Nodal Officer by phone someone from nodal office attends to the call, and the person may not be nodal officer himself/herself.

If you have called on phone, you should submit the minutes in writing and if no response/relief is given then you can escalate to Appellate Authority? You must demand the proof by which unsolicited services were started.

Let them state in writing whatever they want. You can proceed after they make a statement.

You have the option of exercising your influence and resources upon local BM. You can use your right of MNP. However whenever you fill up SEF next time, make a note on the SEF that company shall have to apply to you in writing by a letter by redg post to start any new feature/service in you’re a/c, and no service shall be activated or deactivated without your written consent, and company shall have to apply to you with all terms and conditions for your approval in writing by letter. Or you may enclose a covering letter, and mention the SEF number and list all your instructions to company and obtain acknowledgment under seal and signature.


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