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Balamurugan N (Principal Consultant)     06 June 2014

Reliance communication netconnect

1. My Reliance Datacard missed during First week April’14

2. Took online support to disconnect immediately

3. Through pop up message screen display, the datacard connection got terminated – by customer care executive after due verification of Registered Mobile number, Address, Date of Birth & Mother’s maiden name

4. Waited for the pro-rate bill (may be 3-5 days usage before missing) to make payment & do not wish to get new connection or reconnect as I wish to apply for landline connection with Internet facility

5. The bill has come asking for FULL MONTHLY USAGE PAYMENT & shocked

6. Wrote a email on 7th May 2014 @08:50 am mentioning the above and requested instead of pro-rata bill  and how it is over charged for the full month

7. Since there is no reply, tried to contact the Customer Care over Toll Free number 1800 3000 555 on 7th May and after pressing the 4th or 5th step, a recorded voice has come asking to wait for the customer care executive.  From 22:05 to 22:35 hrs held the call.  Always it said “I am sorry.  All our customer care executives are currently busy at this time.  Please stay on line.  Your call is important to us”. After 30th minute, the call automatically got disconnected!

8. Immediately by 22:45 hrs on 7th May wrote a mail to Customer Care & Appellate mentioning the above in details and no one was there to handle the customer while I called the Toll free number given in their bill, website etc.,

 

9. After my email, got a call around 25th May from Appellate asking me to make the full payment.  I was arguing with him how is it possible to make payment without using the service and made online complaint about missing of datacard & disconnected.  He didn't listened and repeated said "you have to make payment".

10.Received an email once again from Appellate repeatedly from 3rd, 4th & 5th June 2014 asking to make payment and I too replied that during the course of the conversation it is conveyed how is it possible to make payment for full month when not used.  Expressed my willingness to make payment only for 3-5 days of the usage alone. 

11.Received an email from Venkatesan, MA.,LLB as Demand Notice to make payment of 506.40 failing which legal action would be taken.

12. I have wasted my time from 22:00 hrs to 23:00 hrs on 7th May 2014, because of “Reliance’s excess unfair incorrect billing” by using my internet connection to write email to Reliance, power connection, wasted my precious family quality time created mental agony, cheated feeling, customer harassment, poor service, pathetic customer care, lack of clear information and cheating, careless attitude of the customer care, misguiding the customer by giving false information repeatedly, no value for customer, causing distress & discomfort, etc

13.How to take it up with Consumer Forum/Court about the above.  Kindly advise.



Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 June 2014

First send a legal notice with your full grievances and wait for their reply. Then you can approach TRAI

Kumar Doab (FIN)     06 June 2014

 Submit a fitting reply to the notice preferably thru your lawyer.

>>> TRAI: Frequently Asked Questions - Complaint

 

·         Q 1. A consumer has made a request for termination (closure) of the service. How long has he to wait? What about rentals and other dues?

·         A. The service provider shall terminate the connection within 7 days. They cannot charge rental or any other charges beyond the period of 7 days of request for closure made by the customer. Further, fresh bills shall be raised only after adjustment of the security deposit. The closure/ termination of service shall not be made conditional upon payment of dues/ bills/settlement of dispute. The outstanding amount of security deposits has to be refunded within 60 days of closure/ termination of service. In case of delay in refund beyond 60 days, a consumer is entitled to interest at the rate of 10% per annum for the number of days refund is delayed beyond 60 days.

 

·         Q 10. Can TRAI help a consumer in resolving individual complaints?

·         A. The TRAI Act, 1997 does not envisage handling of individual consumer complaints by TRAI. As per the Telecom Consumers Protection and Redressal of Grievances Regulations, 2007, in case a consumer has a complaint, the first step is to register the complaint at the toll free Call Centre number of the service provider and obtain a docket number, confirming registration of the complaint.

 

https://www.trai.gov.in/Content/faq_subcat_details.aspx?id=74&qid=1&link=0#175

 

If the FAQ are now not at above link searc a little the website and you will find these.

 

>>> YOU may refer to TRAI:

QUALITY OF SERVICE OF BROADBAND SERVICE

 

 Consumers’ Handbook on Telecommunications

>>> Consumer court can now decide telecom complaints

You can download the notification from:

https://www.lawyersclubindia.com/forum/Consumer-court-can-now-decide-telecom-complaints-100830.asp#.U0wKFEeBmXU

 

 


Attached File : 81870441 consumer handbook mobile phone trai-handbook12.pdf, 81870441 broadband quality of service regulations bb 26-10.pdf, 81870441 faq.doc downloaded: 233 times

Balamurugan N (Principal Consultant)     06 June 2014

Originally posted by : ramachary64@gmail.com

First send a legal notice with your full grievances and wait for their reply. Then you can approach TRAI

Dear Mr.Ramachary,

Thanks for your update. The following is my reply to Reliance via email as reply to their demand notice.  I don't know whether it is right or wrong.  Please correct, if I am wrong or citing wrong IPC sections:

=================================================

Dear Mr.Venkatesan,

With reference to the above subject, I would like to inform RELIANCE Netconnect+ that necessary information provided  & conveyed to the Appellate during the course of conversation regarding the service termination & billing issue.

I am willing to pay ONLY MY USAGE alone.  I am unable to make the payment for the FULL ONE month as claimed by Reliance as I have not even used it.

For your reference I would like to narrate you the sequence as following:

1. My Reliance Datacard missed during First week April’14

2. Took online support to disconnect immediately

3. Through pop up message screen display, the datacard connection got terminated – by customer care executive after due verification of Registered Mobile number, Address, Date of Birth & Mother’s maiden name (have screen shot proof)

4. Waited for the pro-rate bill (may be 3-5 days usage before missing of my Datacard) to make payment & do not wish to get new connection or reconnect as I wish to apply for landline connection with Internet facility

5. The bill has come asking for FULL MONTHLY USAGE PAYMENT & shocked

6. Wrote a email on 7th May 2014 @08:50 am mentioning the above and requested instead of pro-rata bill  and how it is over charged for the full month

7. Since there is no reply, tried to contact the Customer Care over Toll Free number 1800 3000 555 on 7th May and after pressing the 4th or 5th step, a recorded voice has come asking to wait for the customer care executive.  From 22:05 to 22:35 hrs held the call.  Always it said “I am sorry.  All our customer care executives are currently busy at this time.  Please stay on line.  Your call is important to us”. After 30th minute, the call automatically got disconnected!

8. Immediately by 22:45 hrs on 7th May wrote a mail to Customer Care & Appellate mentioning the above in details and no one was there to handle the customer while I called the Toll free number given in their bill, website etc.,

9. After my email, got a call around 25th May from Appellate asking me to make the full payment.  I was arguing with him how is it possible to make payment without using the service and made online complaint about missing of datacard & disconnected.  He didn't listened and repeated said "you have to make payment".

10.Received an email once again from Appellate repeatedly from 3rd, 4th & 5th June 2014 asking to make payment and I too replied that during the course of the conversation it is conveyed how is it possible to make payment for full month when not used.  Expressed my willingness to make payment only for 3-5 days of the usage alone. 

11.Now I received your Demand Notice.  

12.If you wish, we can proceed further on the above matter.

REPLY ME.

Any further threatening email on asking for FULL BILLING CYCLE payment will lead to Penal action including claim, damages including misrepresentation under sections 191 to 200, 405-Criminal Breach of Trust, 415 to 417-Cheating, Cheating by Personation, Punishment for Cheating, 425-Mischief, 426-Punishment for Mischief, 464-Making a False statement, 465-Punishment for Forgery, 469-Forgery for purpose of harming reputation, 470-Forged document or electronic format, 499 - Defamation, 503 - Criminal Intimidation of IPC.

=================================================

Balamurugan N (Principal Consultant)     06 June 2014

Originally posted by : Kumar Doab

 Submit a fitting reply to the notice preferably thru your lawyer.

>>> TRAI: Frequently Asked Questions - Complaint

 

·         Q 1. A consumer has made a request for termination (closure) of the service. How long has he to wait? What about rentals and other dues?

·         A. The service provider shall terminate the connection within 7 days. They cannot charge rental or any other charges beyond the period of 7 days of request for closure made by the customer. Further, fresh bills shall be raised only after adjustment of the security deposit. The closure/ termination of service shall not be made conditional upon payment of dues/ bills/settlement of dispute. The outstanding amount of security deposits has to be refunded within 60 days of closure/ termination of service. In case of delay in refund beyond 60 days, a consumer is entitled to interest at the rate of 10% per annum for the number of days refund is delayed beyond 60 days.

 

·         Q 10. Can TRAI help a consumer in resolving individual complaints?

·         A. The TRAI Act, 1997 does not envisage handling of individual consumer complaints by TRAI. As per the Telecom Consumers Protection and Redressal of Grievances Regulations, 2007, in case a consumer has a complaint, the first step is to register the complaint at the toll free Call Centre number of the service provider and obtain a docket number, confirming registration of the complaint.

 

https://www.trai.gov.in/Content/faq_subcat_details.aspx?id=74&qid=1&link=0#175

 

If the FAQ are now not at above link searc a little the website and you will find these.

 

>>> YOU may refer to TRAI:

QUALITY OF SERVICE OF BROADBAND SERVICE

 

 Consumers’ Handbook on Telecommunications

>>> Consumer court can now decide telecom complaints

You can download the notification from:

https://www.lawyersclubindia.com/forum/Consumer-court-can-now-decide-telecom-complaints-100830.asp#.U0wKFEeBmXU

 

Thank you Mr.Kumar.  The following is my reply.  Is it correct or incorrect - I don't know as I not a professional lawyer but based on few sections, I had replied to the Lawyer from Reliance who sent the Demand Notice.  Please correct me if I am wrong or citing wrong IPC sections:

=================================================

Dear Mr.Venkatesan,

With reference to the above subject, I would like to inform RELIANCE Netconnect+ that necessary information provided  & conveyed to the Appellate during the course of conversation regarding the service termination & billing issue.

I am willing to pay ONLY MY USAGE alone.  I am unable to make the payment for the FULL ONE month as claimed by Reliance as I have not even used it.

For your reference I would like to narrate you the sequence as following:

1. My Reliance Datacard missed during First week April’14

2. Took online support to disconnect immediately

3. Through pop up message screen display, the datacard connection got terminated – by customer care executive after due verification of Registered Mobile number, Address, Date of Birth & Mother’s maiden name (have screen shot proof)

4. Waited for the pro-rate bill (may be 3-5 days usage before missing of my Datacard) to make payment & do not wish to get new connection or reconnect as I wish to apply for landline connection with Internet facility

5. The bill has come asking for FULL MONTHLY USAGE PAYMENT & shocked

6. Wrote a email on 7th May 2014 @08:50 am mentioning the above and requested instead of pro-rata bill  and how it is over charged for the full month

7. Since there is no reply, tried to contact the Customer Care over Toll Free number 1800 3000 555 on 7th May and after pressing the 4th or 5th step, a recorded voice has come asking to wait for the customer care executive.  From 22:05 to 22:35 hrs held the call.  Always it said “I am sorry.  All our customer care executives are currently busy at this time.  Please stay on line.  Your call is important to us”. After 30th minute, the call automatically got disconnected!

8. Immediately by 22:45 hrs on 7th May wrote a mail to Customer Care & Appellate mentioning the above in details and no one was there to handle the customer while I called the Toll free number given in their bill, website etc.,

9. After my email, got a call around 25th May from Appellate asking me to make the full payment.  I was arguing with him how is it possible to make payment without using the service and made online complaint about missing of datacard & disconnected.  He didn't listened and repeated said "you have to make payment".

10.Received an email once again from Appellate repeatedly from 3rd, 4th & 5th June 2014 asking to make payment and I too replied that during the course of the conversation it is conveyed how is it possible to make payment for full month when not used.  Expressed my willingness to make payment only for 3-5 days of the usage alone. 

11.Now I received your Demand Notice.  

12.If you wish, we can proceed further on the above matter.

REPLY ME.

Any further threatening email on asking for FULL BILLING CYCLE payment will lead to Penal action including claim, damages including misrepresentation under sections 191 to 200, 405-Criminal Breach of Trust, 415 to 417-Cheating, Cheating by Personation, Punishment for Cheating, 425-Mischief, 426-Punishment for Mischief, 464-Making a False statement, 465-Punishment for Forgery, 469-Forgery for purpose of harming reputation, 470-Forged document or electronic format, 499 - Defamation, 503 - Criminal Intimidation of IPC.

=================================================

Kumar Doab (FIN)     07 June 2014

I shall not be commenting on the reply drafted by you and sections chosen by you.

The chance is that the matter may be put on 'Shut up 'mode forever.

However you may demand that the legal notice be withdrawn at once in writing and forward the reply to MD/CEO/Chairman of Telecom Company and ask them too, to  advise their lawyer (with a copy to you) to withdraw the legal notice and to supply you the correct bill showing correct charges and FnF amounts and date of disconnection as ordered by you, and a separate communication in writing too, showing the overcharged amounts as 'Waived Off' (and not written off) and supply the hard copy of the bill by redg. post only and keep the date of payment as usual ..................................days from date of receipt of the bill by redg. post............................. and to instruct the company's staff at local office......................located at to issue you proper receipt with seal and signature showing correct FnF amounts and balance NIL and status as disconnected on dated.................................for record in company and with you.

 

You may pay by cheque and (mention details on reverse of cheque) obtain acknowledgment with cheque number and if possible acknowledgment on photocopy of the cheque too with seal and signature.

T. Kalaiselvan, Advocate (Advocate)     10 June 2014

Mr. Kumar Doab has given a proper explanation and advise about what is to be done and how.  He has also rendered his opinion about your draft reply. Even in my opinion, I think you are too anxious to stretch and prolong the simple issue to a never ending legal tussle hence it is better that you consult a lawyer, get your reply drafted to avoid attracting more legal issues to make things complicated.


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