Tikona threatening me of legal case.

Can I sue Tikona for harassment?

  • Total voters
    40
I'm a lawyer myself but not a practicing one now. They are just bullying you. They cannot do anything but you need to just ignore them and stop replying to their mails. If they try to intimidate you by calling ask them to send summons from the court as other FM's have indicated and believe me they would not do that. I do a lot of legal work for corporate companies and after going through all your posts I can say that they are trying their best to get some money out of you. Don't fall for that, be firm and if it would be of any satisfaction to you pack their equipment and return it yourself by visiting their office and get an acknowledgement.
 
technofast said:
if it would be of any satisfaction to you pack their equipment and return it yourself by visiting their office and get an acknowledgement.
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Thanks for the reply. Thats some relief. I still haven't got any call from the guy who was supposed to pick up the damn equipment.
 
So today this happened,
This is the email that someone ( I really don't know who ) sent me for getting my TATA router back
TATA1.JPG

The thing to note here is I have already returned the router back and I have a receipt from TATA saying so.
My reply to them.
tata2.JPG

I am awaiting their reply now :p
 
Can someone talk to that equipment guy on my behalf and if possible explain the actual situation to them (full info given on the first page)? I still haven't got any call from him.
And I expect to be sent another billing today, again. My account no. is 1109133709.
 
After this email encounter, I got a reminder from the same person via email... coz eff logic. And then the collection guy called me. He said Sir router pickup karna hain kab aaun. I said Bhai router already le gaye, March mein.. He abruptly ended the call and that was that.

I don't know when will the service industry start being honest and use their brains in their daily work !!
 
Update:
Tikona sent me this lovely mail on the 12/26/14 (10 days ago).
How do i proceed now?
Im still in vacation.
 

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This is really a pain in the ass.
I could sue like i always wanted but legal cost and time and stuff....im not even in delhi right now.
 
I had received such kind of mails from Reliance for netconnect+ as well as wireline internet "n" no. of times & I did not pay a single Penny to them.. ignore such mails & calls.. that's the only suggestion I can make..
 
I got another msg from Tikona today morning which reads,
Dear DS, If You Cannot Clear your Overdue of Rs.2622 Of Your Tikona Account No. xyz, Then Company File Legal Proceeding Against You within Today. Any Queries Contact No. 8936072238.
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I'm in Delhi right now so if anyone can help by forwarding my request to a known advocate/lawyer here in Delhi then it would be great. I have all the proof. I want to know about all the best possible course of action in this regard so that i may not be taken by any surprise.
Its a pain in the....
 
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iPwnz said:
I got another msg from Tikona today morning which reads,

I'm in Delhi right now so if anyone can help by forwarding my request to a known advocate/lawyer here in Delhi then it would be great. I have all the proof. I want to know about all the best possible course of action in this regard so that i may not be taken by any surprise.
Its a pain in the....
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They are trying to intimidate you and you are falling into their trap. They just send this kind of message to see if you are replying. As I said before, just ignore them or if this is always in back of your mind, just pay the amount put an end to this.
 
vyral_143 said:
Again second part of sentence missing verb. It appears to me that it is from those rented morons.
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lol Don't Forget How They Type Like This. :p

technofast said:
They are trying to intimidate you and you are falling into their trap. They just send this kind of message to see if you are replying. As I said before, just ignore them or if this is always in back of your mind, just pay the amount put an end to this.
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I didn't know. Thanks. I didn't reply. I almost did, I wanted to tell them to piss off and that I will sue them for harassment. :|
 
filing a court case will cost them court and lawyer fees that's far higher than the pending amount so they're not going to do it. You won't get surprised because a legal notice has to be sent to you by registered post a month in advance.
This is not a legal dept you are getting mails from but a bpo they've hired to do this sort of spamming.
do not waste time with their emails and if they call you, in a calm voice, just keep asking for the case docket number (it will confuse the hell out of them)
add their e-mail to your spam list. truecaller might have the numbers they use marked.

P.s. there have been many instances where even after payment the harassment has continued so don't waste your time or money.
 
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Crapmypants said:
P.s. there have been many instances where even after payment the harassment has continued so don't waste your time or money.
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damn these ISP's. I will call the guy who is supposed to handle the equipment to come and pick up the damn thing. I did called him (the other guy's no wasnt working) once and he told me that he would call me back but he never did. not the first time i've told them to pick it up. will give them one last call for equipment, if they still dont then screw it.
 
Crapmypants said:
filing a court case will cost them court and lawyer fees that's far higher than the pending amount so they're not going to do it.
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Hmm. If I was a smart businessman, I would fight the case and win (at any cost) just to dissuade others from taking the legal route.

Delaying disconnection is a common practice amongst service providers. I have paid money to Vodafone in India (one month's) and ATT (3 month's) in the USA. I know cases of Airtel doing this.

These dues could get sold to a collection agency (I know one case where Reliance sold my friend's dues to a collection agency. One guy turned up and settled for 40% of the amount).

In any case, make sure it doesn't get reported to credit rating agencies. Can make your life difficult when you are looking for loans.
 
In fact i had a similar issue with another Broadband service provider and they pestered me for close to 3 months and later dropped it because I never responded to them. Irony is that with all the same details they offered me a new connection after a year and I am using it for past 16 months and no one approached me for older dues.

Its only the collection agents calling you and threatening. they intimidate us and also threaten that they are recording all my calls with them and build up a case. I used to tell them I am waiting for a court notice and will meet them in courts with my proofs and will make sure you have to pay up for harassing me. than they stopped.

Or just call up Tikona and tell them you want to renew connection so please drop the old case and send you a letter and you will opt for a better plan and a new connection and see their response you will be surprised.
 
dpandey said:
Hmm. If I was a smart businessman, I would fight the case and win (at any cost) just to dissuade others from taking the legal route.

Delaying disconnection is a common practice amongst service providers. I have paid money to Vodafone in India (one month's) and ATT (3 month's) in the USA. I know cases of Airtel doing this.

These dues could get sold to a collection agency (I know one case where Reliance sold my friend's dues to a collection agency. One guy turned up and settled for 40% of the amount).

In any case, make sure it doesn't get reported to credit rating agencies. Can make your life difficult when you are looking for loans.
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I dont think this will affect any credit ratings :(
 
dpandey said:
If I was a smart businessman, I would fight the case and win (at any cost) just to dissuade others from taking the legal route.
Click to expand...

This will not dissuade them. It's a matter of numbers - they have thousands of these calls going out everyday and if even 10% pays up it makes the effort very cost effective.
It has, imo, become a standard business practice to delay deactivation and then claim an extra billing period.
It is very much like the email spamming industry - just one conversion/sale makes 100 spam emails sent out very cost effective from a business point of view.
In this day and age there's no way their billing and customer depts. are not on the same page w.r.t. to your a/c.
There are loads of erp/mis/db mgmt. systems available for firms of all sizes.
Think about it, how hard is it to forward a cancellation request to their it/accounts people? This practice is nothing but disguised corporate fraud imo.
I wouldn't worry about this going to credit agencies - CIBIL, Equifax and Experian use only your loan repayments as the criteria for your credit score.
The Credit Information Companies (Regulation) Act 2005 has allowed phone service payments to be used by credit rating agencies but it's well known how unreliable it is due to poor billing practices. They would not want to deal with the large number of people asking for corrections to their score based on wrong phone/isp bills. It would only lead to increased expenses in terms of man-hours and no benefit, fiscal or otherwise for them.
Just return their equipment and get written proof of that as manoja2k suggests. It may not stop the pesky calls/emails but will at least give you peace of mind (for your exams) and you will be able to easily dismiss any and all claims they have against you.
Remember, these so called dues are not for any service provided - it is outright extortion so don't pay any amount (even 1%).

I got this directly from the TRAI website's FAQ page.
  • Q 1. A consumer has made a request for termination (closure) of the service. How long has he to wait? What about rentals and other dues?
  • A. The service provider shall terminate the connection within 7 days. They cannot charge rental or any other charges beyond the period of 7 days of request for closure made by the customer. Further, fresh bills shall be raised only after adjustment of the security deposit. The closure/ termination of service shall not be made conditional upon payment of dues/ bills/settlement of dispute. The outstanding amount of security deposits has to be refunded within 60 days of closure/ termination of service. In case of delay in refund beyond 60 days, a consumer is entitled to interest at the rate of 10% per annum for the number of days refund is delayed beyond 60 days.
these 2 links might help clarify the isp's obligation to you.
http://www.trai.gov.in/WriteReadData/userfiles/file/measuresto protectconsumerinterest/TRAI-Handbook12.pdf -TRAI handbook
http://www.trai.gov.in/Content/faq_subcat_details/74_1_1.aspx -FAQ's
 
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