Failure of payment due on telecom company, what can be done

698 votes

Normally most Consumer Acquisition Forms (CAFs) which is signed by the customer at the time for subscribing for the connection has an Arbitration clause. If such clause exists you can take the objection that Lok Adalat doesn't have jurisdiction and that the matter should be referred to Arbitration.
Now the interesting strategy that most telecom companies adopt is that they appoint an Arbitrator who is routinely and regularly appointed as an Arbitrator, because that Arbitrator only gives decision in favour of the telecom company. Except after the 2015 amendment to the Arbitration act, any person who has been an Arbitrator in three cases for the same party, then such award becomes ineligible. This is the best way of defeating the claims of a telecom company.
The straight way to tackle this would be to prove deficiency of services, for which you'll need clear proof that you didn't get network or you were over billed etc. This is usually very difficult to prove, more so before Lok Adalat or any civil Court.

Advocate Kishore Kumaar LawRato

768 votes

Have you received any legal notice from Lok Adalat... I don't think so.
If yes, please appear in Lok Adalat
As regards outstanding, please inform as to why you have not paid it.
Is outstanding disputed?
Please give minute details to form an opinion

Advocate Urfee Haider LawRato

551 votes

The telecom company can file a suit for recovery of suit in civil court. You can defend the case on equal footing. After the suit is decreed, the telecom company will have to file execution petition in the court.

Advocate Prakash Khandelwal LawRato

931 votes

What requires to do is that just get the copy of complaint made by the said authority against you and attend the respective court along with counsel. Your counsel would further fulfill whatelse required to do, stay calm.

Advocate Tejasvi Goel LawRato