Legal Question in Consumer Law in India

Hi,

I bought data card for net connectivity for Rs. 1500. I used it for one day.

When I tried to use it next time, i was not able to connect, I called the customer care, they said it is blocked as there is confusion in address proof. They asked me to provide another address proof to their nearest shop. I did not give the address proof and i did not use it anymore. After that they sent me bill for around 1200 and asked me to pay. I said I did not use and I don't want to use it. They said even to stop the service I need to pay the bill. Now someone called me and said they have filed a 420 case against me in Delhi high court. How should I deal with them.


Asked on 3/27/14, 12:39 am

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

27.03.2014

Dear Sir / Madam,

It is a clear cut case of "One problem leading to another". The Company that sold the data card to you is required to provide you an entire usage log sheet justifying that the bytes were actually used from your Internet Protocol (IP) address. You also need to inform the data card selling Company that cable internet charges for unlimited usage are just Rs. 250/- per month i.e Rs. 3,000/- per year. And ask them how come they are claiming Rs. 2,700/- for just one day. It is clear they are cheating you and you should file a cheating case in the local Police station against the Company. Put all that I'm telling you in writing to the Company before you actually receive a legal notice to pay up.

Regards,

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Answered on 3/27/14, 1:37 am

First, case under section 420 I.P.C can not be filed before High court. The private complaint has to be filed before the concerned magistrate. In fact, you have not committed any act which will amount to an offence under section 420 I.P.C(Cheating) Your data card has not at all been activated for want of address proof. So, there is no chance for any more charge of Rs.1200 for usage. Say them that if they rush to take any ill conceived action as they threatened over phone, you will resit the same under law at their cost. However, you can not move against them for deficiency in service unless you provide the required address proof. Their act also will not amount to cheating.But you are not liable to pay Rs.1200 or any amount as they demand.............. Nellai V Kannan Advocate 9443154058 [email protected]

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Answered on 3/27/14, 2:14 am


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