I'm getting calls from unknown numbers saying from Delhiconsumercourt

736 votes

You can file a counter case against them for deficiency of service against them.
You are not resposnible of the deficiency in service of Hathway. If you have given instructions in writing for disconnection, you can definitely contest the case against them. No you cant get the case tansferred.

Advocate Shreshth Jain LawRato

647 votes

At the outset, there is no procedure in law, where the Consumer Forums at Delhi or elsewhere throughout the territory of India call you stating that a case is filed against you. What usually happens is that when a case is filed, depending on the merits of the matter, the concerned court/tribunal issues notice/summons to the opposite party, which is a paper document which is sent to the concerned person's address. In the said summons, date of hearing, matter details and other important case-related information would be spelt out. Absent such a summons, no one will physically contact you on the phone-line from consumer court to talk to you. In my opinion, someone is trying to create a pressure-tactic on you and playing mischief on you.

Your options right now is that you can file a consumer case at Hyderabad against Hathaway, clearly setting out the factual matrix of the matter, and claiming compensation + damages for mental harassment. It is advisable for you to approach a lawyer/advocate who can take up the mandate on your behalf.

I would also like to add that Hathway, as a company is not a consumer, in that it does not fall under any of the provisions of "consumer" as covered under the Consumer Protection Act, 1986. Assuming for the sake of argument, that if indeed Hathaway has filed such a case, then please ask the concerned persons who call you to provide you with a copy of the consumer complaint, along with details of court, like which consumer court the matter is filed, what was the date of listing and what is the next date of hearing, copy of Consumer Court Order Sheet specifically calling you to the court, etc.

Coming to your specific queries, (1) You can yourself file a consumer case before the jurisdictional consumer court at Hyderabad. (2) you can claim compensation for harassment, mental agony and other similar grounds for the ineptitude of the Hathway personnel (3) If a case in indeed filed in Delhi, then kindly ask for case details and thereafter, take appropriate legal opinion as to steps necessary for transferring such a matter.

Hope the above solves your query.

Advocate Daniel George LawRato

615 votes

A company cannot file a case in consumer court against a customer. Only customer can file a case against company in consumer court.
From the facts you have stated above, you are not liable as the disconnection of the Hathway was intimated.
Next time if they call, note the number and tell them that you will file a consumer case against the Hathway for mental harassment.

Hope this answer your question, feel free to contact me for any further query.

Advocate Ritu Rajkumari LawRato