• Mobile usage that is not requested and service provider imposes usage and demands payment

I have a post paid mobile telephone number of a Cellular Service provider and when I was going out of India asked the Customer Care over phone to give me international roaming for two days for which they have an advertised plan. But the company activated a plan package that gave me international roaming for all the days I stayed abroad and on returnbarred my outgoing stating that I jumped my credit limit. While requesting the Customer care to activate the international roaming, I specifically requested them to activate only for two days with specific request for the dates for such activation. Disregarding my request, they kept the international roaming for 13 days for the entire period of my stay abroad and charged me for the entire period which I did not ask. I have not yet paid the anount so charged. Now they have threatened me with legal action for not paying the amount. Do I have any legal defence? I do not have any evidence for my request except the telephonic request to activate the international roaming. Please advise.
Asked 5 years ago in Civil Law

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13 Answers

Ty he company activated the international roaming and did not discontinue it as stated. Therefore you are not liable when there were specific instructions from the customer.

Send a legal notice to them and in case they do not respond or waive off the exorbitant fee you can file a complaint against the company in the consumer redressal forum.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. It is not clear whether there is any written instructions upon the mobile service provider as regards the duration of plan you sought to subscribe and the same has been confirmed by court.

2. If that is so then you can lodge complaint with the TRAI as no no such case lies with the consumer forum.

3. So act accordingly.

 

Devajyoti Barman
Advocate, Kolkata
22840 Answers
490 Consultations

5.0 on 5.0

What is amount claimed  by mobile service provider ? 

 

2) you can lodge complaint with service provider regarding exhorbitant bill for international roaming as you had asked for roaming for only 2 days 

 

3) if they refuse to listen to reason pay amount under protest 

 

4) then file complaint before consumer forum and seek refund of money paid by you 

 

5) also seek litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
94822 Answers
7558 Consultations

5.0 on 5.0

You can file complaint before consumer forum and seek refund of money paid by you 

Ajay Sethi
Advocate, Mumbai
94822 Answers
7558 Consultations

5.0 on 5.0

it's common these days that the mobile companies are practicing such like unfair trade practices.

Issuing a Legal Notice is the best recourse. Let the company also bear the charges for the legal action being taken.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The only option available to you is to complaint in the consumer forum against the telephone provider normally this kind of activities are done by the customer care executive they do not fulfill the customers request and do whatever they want and customer realises only when they are told to pay the bill amount you can claim the charges for your damage and legal charges including the compensation for wearing your telecom services. Please register your complaint to the telecom company and make the payment so that your services should not be affected

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

You can serve company a legal notice that the services were wrongly provided against the requested service and the higher bill for same was raised. Further ask them the recording of your call at customer care as the customer service record the call for internal training purpose. So they have to keep record of same.

if they fail to change the amount you can file a case before the consumer court for deficiency of service. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes you can pay and then file for recovering damages and seeking compensation from the mobile company.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been misguided and somewhere cheated also by the cellular company for sure.
  2. There has been a record with eh telecom company for each and every call that hey receive and I believe your statement would definitely match with the same.
  3. Yes, you should file a consumer complain for wrongly asking you to pay that much of amount for which you never requested, and also call for the records from their department to show that you asked for the same what they have been talking about.
  4. No need to first make the payment and then go yo the consumer forum for any help, in fact, if you file the same first then if in case they file anything against you, at least you would be having a proof of their harassment on you before the court of law. And don’t worry, all these are civil proceedings, so there will be no involvement for the police.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

You can move to consumer court and file for deficiency of service. Also you will get compensation for mental agony and torture

 

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

Verbally agreed terms and conditions have no status in the eye of law so you should at least should be aware and should be very cautious that to note that whether they have discontinued the service required or not or you should drop a mail at least but don't worry now send them a mail stating all the facts and in last para of the mail please write that if you will take any legal action against me then this will be on your own risk and liability.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

The service provider firstly would deny your request for two days since their system is not adjustable to the request.

Secondly since you have already availed the facility you may hardly have a chance to claim refund.

 

You may issue a legal notice and await their reactions.

T Kalaiselvan
Advocate, Vellore
85023 Answers
2208 Consultations

5.0 on 5.0

Without any evidence you may not be able to succeed in the consumer case.

Hence first issue a legal notice demanding relief, after their reply you may decide further course of action.

 

T Kalaiselvan
Advocate, Vellore
85023 Answers
2208 Consultations

5.0 on 5.0

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