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False promises by company can i file a case for compensation
18-Sep-2023 (In Consumer Court Law)
A mobile company sent SMS to collect free 4G Sim from retail shop on free of cost but collected Rs.5/- towards issue of new sim and made entry in their register but no receipt was given. 2 month back a SMS was received from the mobile company so that CDMA service will be closed at any time and advised me to collect free 4 G Sim from retail shop.Before I moved to collect 4G Sim CDMA network was closed without any second reminder. Due to sudden closure old saved files of contact numbers and messages could not be transferred to another mobile set.Moreover the tower signal is very poor and same was not rectified despite several complaints sent to customercare. Is this case has merits to filecomplaint with Consumer Court to claim compensation?
Hi,
To me it seems, the service provider given you advance notice about their intention to close their CDMA network and further advised you to collect 4G sim (by replacing the CDMA sim? ) which was not done by you. There is a legal maxim - Vigilantibus Et Non Dormientibus Jura Subveniunt which means Law will assist those who are vigilant with their rights not those who sleep thereupon. If you can prove that technically it is not possible to retrieve the datas from the sim due to the closure of the CDMA network and even after your requests the service provider is not supporting then you can allege deficiency and prefer a consumer complaint but I personally don't feel any merit with the given facts.
To me it seems, the service provider given you advance notice about their intention to close their CDMA network and further advised you to collect 4G sim (by replacing the CDMA sim? ) which was not done by you. There is a legal maxim - Vigilantibus Et Non Dormientibus Jura Subveniunt which means Law will assist those who are vigilant with their rights not those who sleep thereupon. If you can prove that technically it is not possible to retrieve the datas from the sim due to the closure of the CDMA network and even after your requests the service provider is not supporting then you can allege deficiency and prefer a consumer complaint but I personally don't feel any merit with the given facts.
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Adv. Shobhan M P
Chennai | 100+ Answers
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