Legal Question in Consumer Law in India

Harassment by threats/coercion, abusive practices by Telecom Company Airtel

Sir,

The query is given below in detail. Kindly advice, and help.

Airtel�s staff approached company office of X and allured all staff to take mobile phone connections and pledged better connectivity, services, tariff plans compared to existing connections of other companies. They were wearing Airtel ID.

X took one connection.

1. Copy of SEF (Subscriber�s application form) and receipt of security was not given. X demanded it from local office, and they refused and stated the staff was not of company but of some agency and declined to give address of agency and asked to contact the staff (and locate and find the concerned staff). X complained to local RO (Regional office) officials, and then to helpline numbers and then in writing to nodal officer and appellate authority. No one replied in writing, or supplied the SEF and security receipt. They started calling from unidentifiable numbers and claimed the copies are not supplied as per company policy. Can they do so?

2. The original bills were not supplied. However X used to ask by phone and paid in time. Company claimed bills have been sent and delivered. Dispatch details, POD were demanded in writing from nodal/appellate authority. No one replied. X needed original bills for reimbursement by company. Later company supplied photocopies, and company of X demanded photocopies to be authenticated by seal and signature, and Airtel local RO, agencies refused and nodal officer. Appellate authority never replied who shall authenticate. X suffered delay in reimbursement. Can Airtel do so?

3. X registered for DND and despite that Airtel sent vulgar, promotional, commercial SMS (from Airtel and third parties) and despite written complaints to nodal officer. Appellate authority, Airtel never acknowledged in writing that they have sent SMS, and neither confirmed penalty if any is paid by them to TRAI. Can they do so?

4. Airtel company and later their agencies started calling X for payment of bills of phone number which were never owned by X. The calls were rude, threatening, and abusive. X complained in writing to nodal officer. Appellate authority, MD and demanded to supply name of owners of phone numbers from which calls were made, and copy of SEF, ID, Photo, verification report of phone number which was not owned by X and also copy of SEF, ID, Photo of phone number which was issued to X and was in use by X, so that he can compare and lodge a complaint with police. No one replied. The calls did not stop and even high officials from RO, and circle office did not supply any detail or concrete evidence that phone number was owned by X and never supplied details of owners of phone numbers from which calls were being made and address of their recovery agency.

Can they do so?

5. X demanded in writing, Airtel should send their competent employee for a meeting on the subject of his grievances, with all documents and minutes of meeting be recorded. Airtel never replied in writing. On phone they stated that they are sending their employee, but no one ever came.

X demanded in writing that Airtel shall stop all phone calls including so stated service calls and SMS and reply in writing by letter only to which they stated on phone that Airtel does not reply by letter and replies by phone call only. Can they do so?

6. The Airtel staff and their recovery agencies started calling from fake and fictitious numbers and stated that since X is lodging complaints in writing and demanding reply in writing, they shall cancel his connection.

Nodal Officer/ appellate never confirmed in writing that the phone numbers from which calls were made are their numbers and the persons making calls are their staff.

Can they do so?

7. In addition to phone calls from fake and fictitious numbers Airtel started sending emails from strange email Id�s. X demanded in writing that Airtel should state in writing that these email id�s are owned by them. Neither MD, nor nodal officer, nor appellate authority replied. Senior officials of Airtel including Rohit Sangh, and Choudhary ( Head- recoveries) and G.S. Bedi stated Airtel does not reply in writing as Airtel shall suffer for their faults. These calls and previous calls are recorded by X. These officials have stated during calls that recorded calls have legal value in courts. Is it True?

8. X started sending notices to company and mentioned that he shall deduct Rs. 500/ for each notice and cost of his representations ( amount was mentioned) from their bills if the details , documents, and also, SEF, security receipt, point wise reply to all representations, and terms and conditions of company are not supplied before due date of the bill. Nothing was supplied. X deducted the payments, after a prior notice in writing. Amounts deducted are app. Rs2000/only. Rohit Sangh, G.S.Bsdi, Choudhary from Airtel stated on phone( recorded)id Airtel starts compensating loss suffered by customers, it shall have to do so for all customers.

Airtel included the deducted amount in next bills.

9. Airtel disconnected and suspended the connection but kept on sending the bills.

10. Once again coercing, threatening phone calls started from fake and fictitious numbers and no one ever confirmed in writing that these numbers are owned by Airtel. X had not given his new number to Airtel. Can they call at number which is not supplied by X, despite orders by X that they should communicate in writing only?

11. People pretending to be clerks from court, ( at a location which is not the city of X), and later police personnel started calling and stated that court has issued summons and he should at once meet them, and come to court premises and quoted chamber number which appears to be of some advocate.

Late they started stating that summons shall be submitted to thana of area of X and police shall arrest him. No summonses have been delivered till date. Can they do so?

Which is the appropriate court, city of X where connection was issued or place of circle office of Airtel?

A legal notice has been sent by Airtel and time given is 7 days. Should X reply, since X has already lodged descriptive complaints?

X has lodged complaints with police and has recorded calls of the company and its representatives. Police authorities, have pointed out no court staff including police constable ( tamili staff) shall call on phone. They shall come to deliver summons if any, and summons are not refused, then they shall after 3 attempts approach police commissioner office to help deliver summons thru local thana.

X has exposed Airtel to media. There are already lots of publications in media about fleecing and loot of customers by prepaid, post paid customers and citizens have even burnt the effigies of Airtel.

Airtel and its recovery agencies were threatening to barge in the house and lift the belongings and harm family.Written complaint on threats were lodged with Nodal officer and escalated to Appellate authority, and MD. Police complaint was lodged, after Nodal officer , Appellate authority, and MD, did not reply, on the complaints as described in point number 4, 7, 9, 10.

Kindly advice can Airtel take the actions as described in query and can they conceal their addresses and of recovery agencies.

What action should be taken.

Kindly advice on above and what steps should X take.

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