LOK ADALAT or Conusmer Forum
Prashant
(Querist) 25 February 2011
This query is : Resolved
TATA DOCOMO has filed a petition in LOK adalat regarding bill settlement which I say is illegal and not correct. First time I appear before Permanent LOK Adalat, Bangalore was 25th Feb 2011. Petitioner didn't brought the bills as a proof to claim the disputed amount. I had opted for appeal and the next date given to me is 25th March 2011.
Since I have all the proof that bills are not genuine and there are irregularities in bill, I would like to go for consumer forum for this fraudulent act of TATA DOCOMO.
Please advice is it possible that before verdict is given from LOK Adalat, a parallel petition can be filed in Consumer Forum.
I am being not given any proof that I have appeared before the LOK Adalat on 25th Feb 2011, and officials refused to make a note that claimant (TATA DOCOMO) has not bought any proofs.
Please tell me what are my rights when appearing for the next hearing on 25th March 2011.
Thank you.
Sanjeevappa. L
(Expert) 25 February 2011
you can ask for particulars about your dues before the lok-adalat. If there are any differences between you and tata docomo the same may be resolved through mediation. There is no compeltion before lok-adalath. Both parties agree then matter will be settled, otherwise case will be send back to opencourt if it is a pending case. If it is a pre-litigation case then the same will be closed without passing any decree. There is no bar to you to approach consumer court to redress you dispute. You may workout your remidy before lok-adalath.
Sanjeevappa. L
(Expert) 25 February 2011
you can ask for particulars about your dues before the lok-adalat. If there are any differences between you and tata docomo the same may be resolved through mediation. There is no compeltion before lok-adalath. Both parties agree then matter will be settled, otherwise case will be send back to opencourt if it is a pending case. If it is a pre-litigation case then the same will be closed without passing any decree. There is no bar to you to approach consumer court to redress you dispute. You may workout your remidy before lok-adalath.
M V Gupta
(Expert) 26 February 2011
I agree with Mr. Snjivappa's view. Try to get the matter settled in the Lok Adalat itself. If u rush and file a complaint before the consumer forum, the Tata Ducomo may contest that the complaint is vexatious as the matter is already pending before the Lok Adalat where u can always put up ur defence.
Prashant
(Querist) 18 March 2011
A week back I got a call on my mobile from person claiming representative and employee of TATA DOCOMO.
He asked me to settle out of court (a date has been already decided for next hearing) and insist that they will make the outstanding amount NULL if I do not contest the case in LOK ADALAT. I replied I had NO OBJECTION with condition that DOCOMO will send me a physical copy as well as email of this decision.
I also sought an email from the same email ID: collectionsblr.mis@tatadocomo.com
through which I got an intimation of the proceedings initiated against me by TATA DOCOMO. But the representative shows his inability to send an email from the above mentioned email and said that he will send email from his mail (DOCOMO account) and that would serve the purpose and letter from him carries more weight.
Till date I have not received any letter from DOCOMO side and would like to know if in future I receive the aforesaid letter from DOCMOMO (and not from the collectionsblr.mis@tatadocomo.com) regarding settlement of the dispute from the claimant side should I appear before the LOK adalat or they can again re-initiate the case in consumer court or elsewhere, holding me guilty of not appearing before the LOK ADALAT.
They may also ask for court fee and proceeding charges and things like interest on the outstanding amount etc, if I make a consent to close the case, please clarify.
Please guide the best possible way make sure I teach them a lesson as I have all the proofs to defend myself. I am also planning to file in a case in consumer forum for harassing me all the way.
Thanks
