Legal Question in Credit and Debt Law in India
Dear sir,
I had taken a mo.seam card from BSNL in the year 2003 and used till year 2004. The plan was post paid and I stopped it my own, unfortunately I did not inform them regarding stop the services,now last month I got after 9 years a legal notice to pay dues around 4000/- + 6000/- interest + other expenses and settled it with Lok Nyayalay. Please advice. They have not serves me a notice of recovery since 9 years.
2 Answers from Attorneys
Technically speaking, there is a limitation for filing recovery proceedings which in general is 3 years from the date of last transaction or acceptance, ideally.
So, if you are seeking technical advise, it is advisable not to do anything.
However, for peace of mind and to avoid any coercive steps being taken by BSNL, you can have the matter settled in Lok Nyayalay. However, one word of caustion, dont give anything in writing till BSNL agrees to settle the matter by mentioning the amount.
As you did not inform them, they kept on raising Bill every month, hence cause of action for them arose every month. Having said that, they can recover only last 3 years' dues from you, and not beyond that.
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