Company wrongfully filed case of non payment

826 votes

Under normal circumstances a mail from an official email ID of the service provider will be sufficient. However there are several other factors that will determine the outcome of the case.

Also if you are not in Delhi, why is the company threatening to file a case in Delhi?
Were you in Delhi when you were using their services? Such information is necessary for any lawyer to help you better.

Lastly you do not need to come to court in person on every date. You can appear through an advocate.

We can discuss case in detail if you wish for further clarification.

Advocate Agir Gupta LawRato

858 votes

I don't think they can take any objection to the non-payment. However, they do have a right to file a legal case. You can send a notice saying you have paid along with the proof of the same. We can help you in that, thereafter i don't think they will threaten you.

Advocate Tejasv Anand LawRato

527 votes

As you have made the entire payment in lieu of the outstanding amount for the set-up-box connection, amounting to Rs.1500/-, on the demand of your Service Provider i.e. by T.K. Broadband Connection in 2015.
Therefore, if you have Receipt of the payment made by you, it is advisable to keep that safely so that it is handy whenever required, as i.e. the only proof of your payment. Further, since you have already made the payment of the outstanding amount, in case any further demand or legal action is initiated against you, by the service provider, as threatened, then the said Receipt can be produced in your defense. Even otherwise you have an alternative additional remedy to file a consumer complaint before the Consumer Forum regarding the unfair/ restricted trade practice adopted by the Service Provider, claiming damages.

Advocate Mahesh Singh LawRato

943 votes

Hello, I got your query. First of all please dont panic and tell me you got any notice from court. If yes, please share only then i can advice you best because 1500 is a very small amount and no body will file a case for this small cause.

Advocate Prem Prakash LawRato

964 votes

1. if you have the authentic receipt , then you should tell them, that it is you who can actually go to the consumer forum for actually harassing you as a customer.
2. even if they do file a case against you, you can appoint someone in Delhi as your attorney with a special power of attorney giving him/her the legal authority to to do all the work on your behalf. also, your replies etc. shall be submitted to the court.

Legally, they are not ought to pay your expenses. But remedies are definitely there to avoid your presence.
for further discussion , you can contact me.

Advocate Tanu Singhal LawRato