Tikona threatening me of legal case.

Can I sue Tikona for harassment?


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iPwnz

Brutally Honest
Skilled
I didn't want to post this at first but getting billed again (3rd time I think? now amounting to over 3600rs) today morning pissed me off!
My first issue with TIkona regarding frequent disconnection remained unsolved and it got worse leading to the following. Because of their poor network and service I had sent a mail (first of many) to Tikona on the 25th May to terminate my connection:
"To Customer Care,
Due to the pathetic nature of your internet service I want to get my net disconnected on the 3rd or 4th of May. I got this connection on Sept last year. But I've been facing numerous problems with the connectivity right from the start. I get numerous disconnections every single day, even now as I write this I got disconnected several times. And if you see my complaint logs you'll know that I've made a lot of complaints regarding disconnections and each time I was assured that it would be resolved but this claim has not worked even once I tell you. Your stupid net service has ruined many of my work-related projects and my gaming life. Do you have any idea just how annoying it is to get disconnected while you are doing your projects or during online-gaming? I've run out of patience and I cannot bear to be tormented every single day by your pathetic net service. After paying the current billing I want to get this shitty internet permanently disconnected for good on either the 3rd or 4th May. I'll be out of station from the 5th May.
My user ID is XXXXXXXXX.
"

Skip the posts and open the attached images for easier reading.

Their billing cycle is 15th of the current month till the 15th of the next month and since I had paid my bill of that current billing cycle ie. 15th May-15th June my connection should have stopped and I shouldn't be getting any more bills for the service. But instead of processing the termination request (on time) they delayed it and now I still am getting outstanding bills.

They told that they will call me back but they never did.
And so I sent a second mail on the 31st May:
"I was supposed to get a call in 24hrs from my last call but never got any. And while I was busy sleeping your executives took the opportunity to make the call. I got to know of this from the missed call which I saw later. How can you make an appointment when you cannot even keep them?
The complaint is about my internet disconnection issue. I want to be given an estimated date ASAP. I've also paid the fee for the current month (till 15th June). I will not be responsible for any delay in disconnection after 5th June. I will not be making any payment under any circumstances henceforth as I do not want to continue using your net services. I had already told one of your executives about this, I won't be here in Delhi from the 5th of June anymore so I will be glad if this issue is addressed immediately."

I didn't get any reply so i sent another mail, on the 4th June:
"To Tikona,
I haven't got any call from Tikona Mumbai since my last mail.
I want to let you know that I will be on a journey from the 5th ie. tomorrow till 8th June. So please don't try to contact me in these 3 days.
Also regarding the disconnection of service I will be leaving the materials ie. wireless device and adapter and the lan wires at my address.
I would like to get a call before they are collected."


Still no reply, so I sent my 4th mail to them on 25th June:
"Its almost been over a month since I sent a mail for disconnecting my tikona net disconnection. I sent the first mail on the 25th May. I was initially told that it would take around 14 days but its been over 14 days now so may I know what the problem is? Hoping that it would be disconnected within the given time I paid my bills for that month ie. 15th May-15th June. and as given in one of my mails I completely stopped using my net from the 4th June. you can verify this is in your systems. I was told that I would get a call but I got a call only once or twice before without setting an appointment time and which I failed to receive and then got a msg that I would get a call again "later" but that later NEVER came. since then I've been trying to call Tikona but your customer executives couldn't give me any specific answers. check my call logs for the same. and then one incident shocked me . on the morning of 20th June I got my net billing for the current month, when I stopped using my net and even after having sent a disconnection request almost a month ago! is this a joke?? why should i pay for this billing? if you had done a proper job I would've had my net disconnected without any hassle and on time and I wouldn't receive this billing. don't you think so? is this my fault? no. let me say that again. I shall not pay for this billing. the delay in disconnection is not my problem. I've already done my part. if this is a fraud which I'm seeing or if you are trying to scam me I shall straightaway file a complaint with the police. my user I'd: XXXXXXX.
I hope this issue is given the highest priority. I've already been harassed enough.
Hoping to get a positive answer as soon as possible.
thank you.
if you cant reach me on my registered phone no..0XXXXXXXX call me on 0XXXXXXXX0."


Then weeks later on the 3rd July they sent finally replied:

"Dear Mr. DAVID SINGSON,
With reference to the request raised on your Tikona broadband User ID XXXXXXXX, registered against your name, we commit to make sincere efforts to resolve whatever difficulty or issue you may have faced by engaging senior specialist from our team. Your account shall remain under our retention efforts for next 10 days to allow us a fair chance to satisfy your concerns and make sure you continue using Tikona services. It will delight us to re-instate your confidence in us. Within these 10 days we shall seek your cooperation to facilitate a prompt resolution with help of Specialized Help desk as well our field care executives.
We assure that in case our efforts to resolve valid issues to your satisfaction are not successful, then the monthly bill charges shall be applicable only till the next bill cycle date based on your last usage date or disconnection request date whichever is later. On processing of request for disconnection you will be required to return all Tikona installed equipment and material including indoor and outdoor CPE, POE adopter, cabling etc. In case CPE is not recovered charges of Rs 1500 shall be added towards the outstanding amount & you will continue to receive bill until you have not surrendered the CPE. Please note installation charges are non-refundable. Full and final settlement of the account will be done post completion of the above mentioned process.
The activities are summarized against your Service Request Number 1-3148813055, dated : 7/2/2014 05:26:04 PM
1) Resolution of issues or problem with your cooperation : Day 1 to Day 10
2) Formal email or call from your Registered Email or Mobile No. : Day 1 to Day 10
3) Suspension of account (last bill cycle) : Day 11 to Day 13

4) Payment of outstanding and return of equipments : Day 14 to Day 16
5) Closure of account : Once activity 4 is completed then within 48hrs account will be closed.
Kindly note during the course of retention if your account shows usage then your account will be considered as retained & it would confirm you wish to continue with the services.
In order to safeguard against any unauthorized request for disconnection of service we would also request you please write an email to customercare@tikona.in from your registered email id or call 1-800 209 4276 from your registered mobile number if the above retention effort is not successful. Please note that communication received from email or mobile not registered as part of Personal Information of your Tikona account is liable to be considered as 'not valid' and thus request may not be processed.
We do trust that through our sincere effort we shall be able to resolve any and all valid technical or commercial problems and shall maintain a long term client relationship."


Please note the time taken for suspension of 11-13 days given on sl.no.3.
Technically since I sent the service disconnection mail on the 25th May, it should have been completed by the 10th June but NO! Tikona network decided to screw it up delaying the process.
And i sent a reply on the 8th July:
"I don't really get what the person who sent the mail said but let me make some things clear.

First of all, I have no interest in damn network anymore which is exactly why I had asked for disconnection in the first place. Isn't that obvious? I definitely am not going to continue using your net services.
Secondly, I have disconnected all tikona equipments, adapter, lan wire, terrace signal receiver and all, and have packed them for pickup. Feel free to send someone to are pick the stuff from my residence anytime. However I do expect to be called and be given an appointment time before sending someone over.
Thirdly, I have no outstanding bills. Whatever bills have accumulated now is not my fault. As mentioned in many of my mails earlier I had already sent disconnection request in the last cycle in May 15-June 15 when I made the payment for that period. And I stopped using my net from the 5th June onwards. I won't be paying you anything more than what i had already paid. A customer executive had also told me that I don't need to pat since I've completely stopped using it so I believe my claim is justified. I still know know why I was billed again.
Fourthly, I don't care about the installation charge which I had paid. I don't even want to be refunded. Last but not the least, I do not trust your so-called "efforts/helpdesk" or service any longer. I suggest you check your logs and just how many complaint I have made. First request for disconnection was sent on May 26th. Today's the 8th July. How many days has it been? I counted 1 month and 2 weeks. How many days do you still need just to get a small service disconnection problem solved?
Get me out of this hellhole already before I sue you for mental harassment. Enough is enough."


And their reply which came on the 19th July:
"Dear Mr. DAVID SINGSON,
We hereby confirm that services for your Account No. XXXXXXXXX having User ID XXXXXXXXXXXX has been terminated.
(wow terminated after how many days?) We will send our executive to collect all the equipment’s provided to you by Tikona, please handover the same.
Please note on account of service discontinuation, you shall compulsorily return all the modems in working condition. In the event of not being able to deliver the modem to the company, for reasons attributable to your action/account, the modems would be assumed to be permanently undeliverable to any person including the company. In such an event, including a case where the modems are delivered by the subscriber in non-working conditions, the company would charge the subscriber 1500 per modem not returned or returned in non-working conditions towards penalty/damages for breach of the terms of service. This is applicable for all plans.
The Modem provided by Tikona and installed in your premises is a wireless transmitter imported by the company under a license issued by WPC wing, Department of Telecom, Government of India. Possession of such equipment, under your ostensible charge, is prohibited under THE INDIAN WIRELESS TELEGRAPHY ACT 1933 ACT XVII OF 1933.
We will consider your last usage date or Termination request date whichever is later as the date up to which you would be charged for services, basis which the full & final amount will be calculated.
If CPE and/or other equipments are not returned you will be charged Rs.1500/- additional in the bill, over and above the mentioned *balance outstanding.
In case you fail to clear the balance outstanding payment you will continue to receive bills with late payment charges levied every month. Please ensure you clear the dues on priority to avoid any inconvenience at later stage.
Once you return the CPE, you will receive the final bill which will be generated on the bill cycle date. This bill will cover the full & final amount. If any amount is refundable to you it will be processed and dispatched to your address registered with us in the next 30 working days. You will receive an SMS confirming the refundable amount once the cheque is dispatched."


I stopped replying.
And guess what? On the 21st July they sent me a mail saying I still had outstanding bills (wtf?) and also threatening me of legal case against me:

"Dear Mr. DAVID SINGSON,
As per your request for termination of Tikona broadband User ID XXXXXXXX, registered against your name, your service has been terminated on Date : 7/19/2014 04:37:27 PM
Mentioned below are the Full and Final Settlement details for your Account no. XXXXXXX:
Amount Payable :Rs.1,222.48
On account of service discontinuation, you shall compulsorily return all the modems in working condition. In the event of not being able to deliver the modem to the company in 7 days from the date of this email, for reasons attributable to your action/account, the modems would be assumed to be permanently undeliverable to any person including the company. In such an event, including a case where the modems are delivered by the subscriber in non-working conditions, or if returned beyond 7days from the date of this email, the company would charge the subscriber 1500 per modem not returned or returned in non-working conditions as penalty/damages for breach of the terms of service. This is applicable for all plans.
Also note if you will not receive any call for CPE collection then kindly contact on 9211788659/9211788660 SGGS Satellite Services: Sonu Kumar/Himanshu
You are requested to return the Modem along with our accessories (in working condition) within 7 days of this email, failing which penalty charges of INR 1500/- will be levied on your account as per terms & condition mentioned in Subscriber Registration Form.
In the event of not being able to clear the penalty charges of Rs 1500 along with the outstanding dues (if any) we shall have no option, but to adopt appropriate recovery proceedings, inclusive of legal proceedings, criminal as well as civil, against you at your entire risk, costs and consequences."


And today morning of 20th Aug i got another bill.
TL;DR: Tikona didn't process my termination request on time, billed me wrongly, billed me for the period where i never use the net and even threatened me of legal case.

You know even if I was the customer and was innocent I still tried to settle the problem on phone, i called them many times (my call logs should prove it) asking about it and clarifying it. But i guess they never listened. Also I want to mention that they sometimes put me on hold and then hung-up my calls. Really frustrating.

Imgur links just in case http://imgur.com/a/aT5W8#v60I1xZ
 

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Contact a lawyer and send them a official legal notice for fraud. They don't have any legs to stand on this one.
I have contacted MyAkosha. I did the same in my earlier case but Akosha didn't help though. They never got back so I closed it.
I'm also worried about lawyer fees. :|
 
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This behaviour by Tikona is pathetic. In fact all service providers tend to behave this way when someone wants to leave their service. BTW are you still in possession of their equipment?

If you have proof for all the calls that you have made (just the date and time) while complaining of deficiency in service or regarding disconnection, send it to them in an email. Tell them to check their call logs from those days. And ask them to provide a detailed bill (which mentions the period of usage and any penalty being charged).

And if possible go with all the proof you have to the consumer court. In theory you should have sent a registered mail stating your notice, that you will not be liable for any payment after 5th June. Any lawyers in this forum would be able to guide you better.

If it was me, I wouldn't have paid them another dime.
 
This behaviour by Tikona is pathetic. In fact all service providers tend to behave this way when someone wants to leave their service. BTW are you still in possession of their equipment?
I also read of another tikona customer facing the same issue as mine. And yes i still have the equipment. They never came to pick them up.

If you have proof for all the calls that you have made (just the date and time) while complaining of deficiency in service or regarding disconnection, send it to them in an email. Tell them to check their call logs from those days. And ask them to provide a detailed bill (which mentions the period of usage and any penalty being charged).
My registered no. is an Aircel no. and Aircel dont normally provide logs for more than the last 45 days. I dont remember when I last called them. Aircel might still have it though.
It was in Delhi and right now I'm out of station.
 
If you have a Tikona office nearby, just take all their equipment and give it to them and take a letter with you stating that you have surrendered all equipment in working condition to Tikona. Make a photocopy and sign both of them. And once you give them the equipment, make sure the person receiving it signs it as 'received by so and so' and ask him/her to mention the date and time as well (on both copies). And if possible attach a copy of their official id alongwith the letters. Give a copy to them and keep the other one safe with you till the matter is resolved.

You can atleast be on the safe side with their equipment. Otherwise they might pin something else on you wrt the equipment. Make sure you mention in the letter that you waited for a fair bit of time for them to collect their equipment and Tikona representatives have failed to collect it despite repeated reminders.

And as far as call logs go, if you have it in your phone that will also do. Otherwise try contacting Aircel and ask them to provide an itemised bill, if they can, for the period that you want.
 
3 years back i used to have a tikona connection which stopped working after a thunderstorm, calls to cc were in vain since it was always busy so i sent an email stating my problem and asked for disconnection since the line was dead.
This didn't work either and no one replied from their end. After that they still sent me a bill after three months even though i had not used it which i didn't pay ofc. I threw all their equipment away and a few months later i got calls from some guy posing as a lawyer who stated that he was about to file a case against me in a Delhi court and he won't do so if i paid the amount. Ofc this sounded fishy and a simple google search clarified that this was the method these recovery agencies use to scare people. After that i received numerous calls from people posing as lawyers or policemen but i used to answer the phone and waste their time instead.
Tikona is a really pathetic company and the tone these people use when they call you would make any person angry.
The last call i got was around 5 months back, I told that person to decide first whether he was a cop or a lawyer and asked him for his regn. number which he didn't have ofc. I also bluffed that i had saved all these numbers and if i get another call i'd be filing a complaint for falsely impersonating a policeman. Haven't received a call since then.
 
you are in India, why so scared. tell them to go **** themselves. they are an ISP and they cant even mess up your cibil score. just ignore the mails.
 
exactly as per what @booo said. I had done the same with vodafone when they were billing me more than what i owed them. A year later, they called themselves and adjusted the bills.
Get hold of a managers phone no. They harrass you, you harrass him.
 
Now whenever you get such calls, directly pounce on that a**hole stating that decide whether you are a cop, lawyer or any hired vasulli SOB and dont forget to ask him his reg. no. And state that your dad itself is a cop in so n so chowky and you'll escalate the matter to him based on that a**hole reg. no.

Simple. The matter will itself be resolved on first call itself.

I have been in similar situation though not with any tikona, vodafone etc. but in other matters so I simply tell that my dad is a cop, my uncle a HC lawyer and bro an advocate...Thats it!!! Then simply watch the fun of that idiot in front of you :p[DOUBLEPOST=1408612823][/DOUBLEPOST]You cant just sue tikona but charge them more than 10lacs for all the mental harassment and being off the internet for all these months. Incl. your dad, mom, sis, bro as the sufferers along with you.
 
Don't waster your money on Akosha. You can log case in consumer court without lawyer. To proceed with consumer court you need to send them notice. Just search on google notice for consumer court you will get the format make some necessary changes and send them mail and demand compensation around (amt they are asking *100) they will stop harassing you once they get notice. It helped few peoples.

Other approach is ignore them they will not able to do anything because if they want to proceed this they have to spend more money than they are asking you.
 
on the other hand, if someone calls you or mails you threatening legal case, just tell them politely to send the summons and tell them that you will deal with it after you see the summon. dont ever give them your address or phone no. and when they ask for it, tell them to send it to the address they have on their record. trust me you will never recieve the notices.
 
Stop replying. Ignore their calls. if they say that they have lodged a case in Delhi court tell them to send the summons. Trust me, no one will entertain a case for less than 4000/- The judge itself will throw the case out saying that stop wasting our time. Since you no longer stay at the place where u had the net connection, let them go to hell. If you feel like... sell their equipment on OLX too :p (kiddin)

P.S. I submitted my TATA Indicom router like 6 months ago. I did not get my security deposit refund yet. I don't care. Good riddance I say !!
 
Don't worry about any legal action from Tikona. I am an Advocate based in Hyderabad. OP himself can send a legal notice to the concerned party and then approach an advocate for later court proceedings.
Tikona will not proceed further once they receive your Legal Notice AFAIK. If OP wants a proforma of a Legal Notice please PM me as soon as possible. Thanks.

PS: OP himself can represent his case in any court he wants as Advocates just represent on your behalf.[DOUBLEPOST=1408633054][/DOUBLEPOST]
You cant just sue tikona but charge them more than 10lacs for all the mental harassment and being off the internet for all these months. Incl. your dad, mom, sis, bro as the sufferers along with you.
OP can file a case against Tikona for cheating, harassment & Criminal Intimidation. Don't drag your family members into this.
 
Guys I'm not going to lie, I'm worried here.
@mrmash I agree. The equipment is the main problem right now. I told them to pick them up but they never did. And right now no one is at home so its a bit of a problem.
But they are well aware that I'm out of station. in fact one of executives who called me said they didn't call in the 3 days after reading my mail about it. I'm on medical vacation. I will be going back only at after the 2nd week of sept.

@psyph3r you threw away all their equipment? you serious? they called after 3 years. well I'm amazed. but good for you.

@boo thanks. I'll remember the summons if things get more ugly.

@djmykey its a private flat registered under my uncle's name.

What should I do? @bssunil what do you think? Should i go to court directly or get in touch with a lawyer? please guide. I don't want to simply pursue this without proper guide.
also not to sound greedy but can i really sue them for harassment and demand financial compensation? and if yes on what factor is the monetary amount based? I really was and I still feel harassed.
 
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@psyph3r you threw away all their equipment? you serious? they called after 3 years. well I'm amazed. but good for you.

Yep, they didn't bother replying to my email or fix my problem but still sent me a bill so that was my way of saying f*** you too.
They didn't call after 3 years, they'd call me every few months threatening me but like i said the last call was ~5 months back.
 
No doubt that the founder of tikona is ex reliance communication guy. They were using BWA illegally for years now n now this story of giving threats even when their service sucks, I felt like I was using a dial up connection on tikona. Even I got many calls, they will call me n give threats of legal action n u r thief n such dumb talks. No wonder y tikona has so many dues in market....
 
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I am using tikona now and thankfully their service for the time being is satisfactory. But I had faced similar problems with hathway in 2006. I realised early on that this is not going to be resolved easily and started keeping notes of my complaint numbers, the customer service executives name and the date and time of my call. I even noted down what problems I was facing along with screenshots of the speeds I was getting. You would think they would have a record of the issues you have mentioned in earlier calls but they seldom do.

When my complaints started falling on deaf ears, I mentioned to them on call that I am not going to pay the bill from the next billing cycle if their service doesnt improve. I made them mention it in the complaint record and told them to give me the complaint number. Immediately after the call I sent them an email citing all the details that I had noted down and clearly mentioned all the problems and told them I would not pay.

They called me a few times, and told me to explain the problem. I would just tell them to read my email and call back. This went on for a year after I stopped paying and the bill was around 10000/-

Whenever they would call for payment I would point them to my email. Finally after about a year and a half they stopped calling and couldn't do jack shit about my non payment.

PS - I had even written a review about their service on mouthshut and given them the link in my email to them.
 
Still using tikona. But a few months ago, my account got suspended due to non payment. I was at home and got a phone call. Truecaller showed Tikona Care in Mumbai. Well, I picked up and was amazed of what happened. I'll tell you what he said:

Guy: Mai advocate (some shitty name) bol raha hu Delhi supreme court se (yes,supreme). Aapka tikona ka bill 2 mahino se pending hai. Tikona ne aapke naam pe case kiya hai supreme court me. Issue legal ho gaya hai. Aap phas gaye ho.

Me: (I knew he wasn't an advocate since truecaller showed as a Mumbai number and he claims to be calling from Delhi)
Me: Acha thik hai. Toh muje ab supreme court aana padega? Thik hai. Ek flight ka ticket book karde aur mai aa jata hu. Late mat karna, mere naam pe Mumbai me bahut cases hai. Sab attend karna hai.

Guy: Advocate se aise baat karte? Tumh....

Me:Abe ch*t**e, (and a few more words you don't wanna know), tereko jo karna hai kar. Tere sanpada office (tikona's billing department in Mumbai) me aake tereko batata hu. S**le, kya samaj....

He then hung up the phone.
So yeah, this is how cheap tikona executives are.
 
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