• CPC 37 by Matrix cellular

Hi 

I used matrix cellular sim card when i went to US in February 2014..they charged exorbitant and completely different than what they promised. i argued with them for months but they didnt respond at all. Now they have filed suit under CPC 37 and the delhi court has issued summons to appear. On net I saw many such cases by Matrix and as users cant go to delhi (where they file the case), their absence makes Matrix win and have decree in their favour to pay the amount by user to them. 

so please advise what to do? and if the decree is passed to pay the amount, what happens next / after that?
Asked in Civil Law from Mumbai, Maharashtra
1) if you don't appear court can pass exparte decree against you 

2) in execution of decree matrix can take out execution proceedings for attachment of your property or bank accounts 

3) if you fail to pay court can direct sale of yiur property 
Ajay Sethi
Advocate, Mumbai
28635 Answers
1555 Consultations

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1. In that case you should undo the practice of users not appearing in the courts. You should engage a lawyer to fittingly contest the suit so that it does not walk away with a favourable decree 

2. If the decree is passed against you then the service provider can execute the decree unless you challenge the decree in the higher court and manage to obtain a stay order against the execution.
Ashish Davessar
Advocate, Jaipur
19896 Answers
522 Consultations

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so please advise what to do? and if the decree is passed to pay the amount, what happens next / after that?

After obtaining a decree in their favor, they may file an execution petition to execute the decree so obtained.
But they cannot file an execution petition in Delhi since you do not belong to Delhi, they may have to file in in the court within your jurisdiction.
T Kalaiselvan
Advocate, Vellore
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179 Consultations

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