• Legal Notice by Tata Communications for connection surrendered

Hi,
I used to have a Broadband connection that I used for several years and paid all dues and Surrendered around May-June 2014. I also received an email for surrender of Equipment which I did on July2014 and got a receipt from that surrender. 
All communications I had with Tata people was on an email with Tata company's domain.

Now when I surrendered that time, I got a couple phone calls from their Customer care(after surrender of equipment) that some amount was due and they were not aware that I surrendered the connection as well as the Equipment. (I remember well I cleared all balance amount). There was No data Usage at all after I cleared all balance dues.
After that I got no more phone calls, and I assumed its all settled and stopped using that email too.
Now just few days back I got a Legal notice from a Lawyer representing Tata Communications stating I have not cleared payments to their client even after sending invoices, and several Reminders from them. They are now asking me to pay the amount of around Rs 2,400 and sent the company's NEFT details. The letter ALSO stated in a lower point after that,  that "You are also Liable to pay Rs. 5,000 towards the cost of this legal notice." 
Now this looks totally unjustified to me since not only I'm asked to Pay an amount which was never due as per my memory, but Also a Hefty Legal fee even though I'm not aware of any "Several reminders/visits" demanding payment that they have mentioned in that letter. Infact I was supposed to receive my Refundable security deposit(would be around Rs.1000-2000 don't remember well) from the company which they told I will get soon(when surrendering equipment on July 2014) which I never received.
I contacted the Company's representative mentioned in the letter and he talked very rudely and just asked me to furnish "documents" to proof that I applied for surrender etc.
My problem is:
I can't login to that email anymore since it has long expired I think and their customer care if no help in getting it back and this email has all the communications with their company for surrendering the connection.
I seem to have also lost the receipt which I got while surrendering the equipment(which was the only physical document I had).

So I mailed the same company's representative that even though nothing is due from me I'm ready to pay the 2400 odd amount just to save my time in searching all past documents/emails but I will not pay any legal fee as thats looks totally unjustified to me.

Please let me know what is the best course of Action I have now as this is causing a lot of harrasment re what they might send next and I'm very badly tied up with business and personally stuff right now so badly short of time.

Shall I just pay the company's due amount and they can't force me to pay the legal fee?
Shall I be legally bound to pay the Legal fee as well?
Or
Shall I counter Threaten them because of this harrasment and force them to give me access to my email whereby I can show them the mails I sent/received to their company while surrendering the connection?
Thanks
Asked 6 months ago in Civil Law from Kolkata, West Bengal
1) you don't have any evidence of surrendering of connection . You have not kept details of emails exchanged with company . Further you don't have any evidence of security deposit payable by company 

2) since company has demanded Rs 2400 make payment of said amount in full and final settlement 

3) it is doubtful that company will take legal proceedings to recover costs of sending legal notice 

3) 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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It is not your fault that they were unaware of the surrender of your connection by you. Reply to the notice and refuse to pay the amount. If it goes to court for recovery then contest it on merits. This apart, you can sue the company in civil court for harassing you in order to obtain unjust enrichment. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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Hi, It is the technique used by the company in order to harass innocent person like you.

2. Don't pay the amount, if there is no due from your side why do you pay the same. They are using these technique in order to extract innocent customers. you teach lesson to them.

3. It is my sincere advice to you don't pay them, first they have to establish before the court that you have due of so and so amount.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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Please let me know what is the best course of Action I have now as this is causing a lot of harrasment re what they might send next and I'm very badly tied up with business and personally stuff right now so badly short of time.
Shall I just pay the company's due amount and they can't force me to pay the legal fee?
Shall I be legally bound to pay the Legal fee as well?
Or
Shall I counter Threaten them because of this harrasment and force them to give me access to my email whereby I can show them the mails I sent/received to their company while surrendering the connection?

First remember that whenever you get a legal notice it becomes your duty to give a reply notice either by accepting the demands made therein or denying them in toto.
In your present situation since you have already cleared all your dues and you remember the dates as well, you may give a reply to the notice stating there are no dues pending agaisnt you and the claim made is illegal without verifying their records and you are not liable to pay any amount including the legal fees and you are ready to face the same legally either through court of law or any other mode they may choose and the company will held liable for the costs and consequences.
You may give this reply and keep silent.  
Dont talk to the company's representative or customer care and stretch the issue without any meaning or use.
T Kalaiselvan
Advocate, Vellore
14057 Answers
127 Consultations
5.0 on 5.0
The company's representative did not reply to me yet for 5 days to my email.
I have details of all payments made by me(reference numbers since all payments were made by NEFT)
I don't have access to email or the Account from where I could have proved that there was no usage for the amount they were asking nor the physical receipt which I got at time of Surrender.

Dont contact the company's representative anymore.
Secure the evidences for payments already made.
You may inform the legal adviser to the company by a reply notice with the details of payments made earlier to withdraw his notice.
Dont worry about the email correspondence, since you have the payment details you may remain silent after issuing reply notice.
T Kalaiselvan
Advocate, Vellore
14057 Answers
127 Consultations
5.0 on 5.0

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