I just have a question that I’ve been wanting to ask.
I took an internet connection from MTS last year and after realizing that their services suck, I applied for disconnection. Even after disconnection, I received a bill. I tried contacting their customer service and they were absolutely clueless.
I gave up and after a month, their collection agents started threatening me. Since I knew what collection agents would do, I kept asking them to do what they could. They would often tell they’re advocates and threaten. I even received auto generated emails serving a legal notice. I knew that these were not valid and ignored them as well.
During the past few days, I’ve been receiving SMS’es and mails indicating a lok adalat has been scheduled and a number has been provided to contact them. This, again looks fake to me as well because they’ve been sending these SMS’es constantly and there’s no detail about the lok adalat. I need to know the procedure for lok adalat and what would actually be the process if someone invited me to attend a lok adalat?
My father had brought a MTS POSTPAID CONNECTION DONGLE 4 YEARS AGO. THEY WERE TOLD ONLY TO GIVE AS MUCH GB AS AVIALABLE FOR RS.627/- PER MONTH & THEN NOT TO PROVIDE ANYMORE CONNECTION UNTIL MY FATHER PAY TO THEM. THEY USED TO SEND US THE BILL INTIMATION THROUGH SMS & ALSO VIA E MAIL EACH DAY AS A REMINDER. MY FATHER A BUSINESSMAN HAD HIRED A PERSON FOR HIS OFFICE WORK & TO HANDLE INTERNET FOR OFFICE WORK AS MY FATHER DOESNT KNOW HOW TO HANDLE A COMPUTER. SUDDENLY AT THE MONTH END OF THIS YEAR FEBRAURY MTS DEMANDED A BILL OF RS 3676/-.ON ASKING THE REASON MTS RESPONDED THAT WE REQUESTED A LOAN OF 20GB WHICH WAS GIVEN TO US.
MY FATHER ASKED THEM THAT WHY DIDNT THEY INFORM ME VIA SMS OR EMAIL BEFORE SANCTIONING THE LOAN AS YOU ALWAYS GIVE SMS EACH DAY ABOUT DUE OF PAYMENT AS A REMINDER, THEN WHY NOT THIS TIME?THEY SAID THAT MSGS WERE PROVIDED TO YOU IN VIA SMS IN DONGLE.
MY FATHER IS UNWILLING TO PAY THE MONEY. THEY HAVE SENT LEGAL NOTICES THRICE VIA EMAIL DEMANDING MONEY.
WHAT TO DO? IS LEGAL NOTICE VIA EMAIL ON ADVOCATES LETTERPAD VALID? THOUGH THEY HAVE OUR ADDRESS.
Please note that all proceedings in HC esp delhi HC are only for the lawyers or the parties to the dispute. You can only enter the HC if you have a pass which can be made only if a lawyer signs your pass form.
To attend proceedings be it lok adalat or court proceedings in district court you do not need any pass. You can enter attend those proceedings.
Hope this answers your query
Lok Adalat is an alternate dispute resolution forum for quick settlement of cases without embroiling into legal technicalities of Evidence etc.
Few imp points about Lok Adalat are:
- The case referred to the Lok Adalat are either by the court itself or on application by the parties to dispute of any case pending in court (post litigation reference) or of any dispute with regard to which they are entitled to file a case (pre litigation reference).
- The Lok Adalat settles the disputes by affecting a compromise between the parties to which all parties to dispute agree. The consent of all the parties is the sine qua non of a Lok Adalat Award. There can be no award without the agreement of all the parties to the dispute.
- Please note that if no compromise or settlement is arrived at between the parties no award will be passed by Lok Adalat. If the case is pending before any court it will be sent back to that court for further proceeding. If it is a pre litigation matter, the parties will be free to seek their remedy in court.
- During the Lok Adalat proceeding, the Lok Adalat bench, comprising of a judge and a lawyer or social worker or others, will try to engage the parties in negotiations to enable them to reach an amicable compromise acceptable to all parties so that the case can be settled on such agreed terms.
In your particular case,
There may be a reference to Lok Adalat, but there cannot be any Award without your presence and agreement. So, you may not attend the same if you do not wish to and don’t worry no adverse order can be passed in your absence.
The remedy with MTS will be to file a formal recovery suit in the local court within whose jurisdiction you reside or where you have taken the connection. If the same is done you will receive the official summons from Court to appear and respond to the same.
Please note to keep the proof of your request for disconnection of MTS handy.