Legal Question in Consumer Law in India

Unflated mobile roaming charges
My son was on a tour abroad and had a mobile connection with internet and roaming facilities. His billing limit was agreed to be around Rs.12,000/ by the service provider.they said the phone would be disconnected if this limit is crossed.

Within a week of being abroad his phone was disconnected and he was informed his bill was Rs. 39,000/- later it was revised to Rs.80,000 plus.

There is no means of monitoring the current charges during usage. All that one relied on was the knowledge that the service provider will disconnect the phone if one exceeded Rs.12,000.

The service provider says since the consumer has used the service he is liable to pay the amount.

While it is impossible for the consumer to monitor usage the service provider has the means to monitor it but has not done it and therefore caused the user to build up a massive bill to an amount beyond one's means.

My question is do we have any legal grounds for refusing to pay the company on the plea that the service provider either with malafide intentions or negligence had not provided adequate protection to the consumer (by way of suitable warnings or disconnection of service and in the process managed to make a tidy profit.

Thank you

T.J.John

Asked on 8/22/08, 8:09 am

3 Answers from Attorneys

Mahesh Gupta Medico-legal Advocates and Consultants

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Re: Unflated mobile roaming charges

1. I presume you have written proof that the agreement / understanding about not exceeding Rs. 12,000/- exists.

3. Send him Rs. 12,000/-, along with a properly drafted letter. Let him file a suit against you for the balance amount. If he disconnects the phone, you can then file a consumer complaint for deficiency in telephone service, but why should you? Simply switch on to a new service provider. Why should you file a consumer case against him in the first instance, spending from your pocket?

ADVICE--Since the company is likely file a suit to recover the amount, it is better that the letter to be sent to him should be drafted by a lawyer.

M C Gupta, LL.M.

Advocate

Answered on 8/22/08, 8:48 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Unflated mobile roaming charges

Yes John, you are right. you are not liable to pay more than 12,000 if it was agreed upon that this amount shall be your maximum liability.

ignore the bill; send them a written demand notice; offer them to pay 12,000 for full and final settlement; and if they do not agree, go the the consumer court.

Answered on 8/22/08, 10:06 pm

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