Pending phone bills
Querist :
Anonymous
(Querist) 29 January 2012
This query is : Resolved
Respected Experts,
My father took a MTNL phone number in name of his business which he got it transferred at our rented house with STD facility. My dad got bankrupt and died in October, 1993 and my mother and we 3 children, all being minor shifted to our grandparent's house from 6th december. We didnt pay the bill of MTNL phone number and took the instrument along with us without disconnecting it thinking that the MTNL would disconnect it for non payment of bills.
Then bill of january and february, 1994 amounted to 7 lacs and MTNL filed the case for recovery of amount from us without providing the details of bill, which according to them, was not maintained by them. The case was in district court in 1994 and after 15 yrs of litigation it was ruled against us.
We filed it in High court in 2010 which got dismissed on grounds of Order 41 Rule 5 CPC in december, 2011.
We have filed Special leave petition in supreme court but first hearing yet to comeand in meanwhile MTNL has taken out the general scheme for payment of pending bills till 29 feb 2012. The scheme says that the pending bills till year 2002 will be given 50% off and interest waive off. This scheme apply to court cases.I want to apply for this scheme to avoid the turmoil I am going through. The procedure for scheme includes a written application to MTNL for acceptance of scheme, then they would issue demand note regarding bill amount, we would pay cash with help of my relatives and they would give receipt.
I would like to know;
1. Does that application containing acceptance of scheme means we accept their allegations though we are innocent and can be used evidence against us that we did the calls??
2. Can that demand note and receipt of payment of bill can be used as a proof of out of court settlement in court whenever our first hearing comes in supreme court??
3. Can application signed by MTNL is enough proof that they want to do out of court settlement and court will accept it as a proof??
4. What does that application should include in order to avoid any other future problem??
5. Is it the right procedure for out of court settlement??
6. Can MTNL later sue us for remaining amount for this phone number??
adv. rajeev ( rajoo )
(Expert) 29 January 2012
Yes it is better go for one tie settlement. YOu can apply for the one time settlement moreover you can take the benefit of the general schme launched by the MTNL. Except the 6th question answer to other questions YES. Once it is settled MTNL cannot sue for remaining amount.
You have to take the due clerance certtificate form the MTNL.
prabhakar singh
(Expert) 29 January 2012
It is a money matter then settlement is the better course in existing circumstances.
You should not miss it in hope of SC appeal.
Against the deposit of amount arrived at between you two the MTNL must issue that such amount is being received in full and final satisfaction of the decree passed in suit no......of .......(year)by court of ..............in case title.........vs......as on so and so date.
This receipt should be got verified by the court which passed the decree by moving an
either party application or if not agreed then you must move a petition in court which passed the decree soon after getting receipt verified by the court in full satisfaction of decree as it is your lawful duty.If you fail to do it even answer to your question 6 shall be 'yes' so far myself is concerned.
I answer other questions in affirmative.
If appeal has been admitted in Supreme Court then there also you should move application along with a a copy of receipt stating compromise of decreed sum in full and final satisfaction.
ajay sethi
(Expert) 29 January 2012
agree with rajeev and prabhakar singh .
you have already lost case beofre trial court and high court . it is in your interest to settle the case .
Raj Kumar Makkad
(Expert) 29 January 2012
Settlement should have been resorted a long time ago but you didn't opt it which resulted a lot of time and energy. Anyway, still you have an opportunity to invoke the scheme at the earliest.
