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Old 26th May 2009, 16:05   #1
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Default Summoned from Lok Adalat

I had a bad experience with Reliance internet service. Everytime, the bill came on the 26th of the month when the due date was the 27th. I reported this once to the company and the next month the bill came by around the 16th. After that, the same stuff started all over.

There is a Rs 50 penalty on late payments. Also, they are very prompt in disconnecting the service.

Once, I was out of town for a fortnight and hence missed the payment. 2 months down the line, I paid the monthly charges (for all the months) in arrears and they reconnected it.

Last year, I had to go out of town for almost 6 months and just before I left, they disconnected the service because I didn't pay in time. I then never bothered to make any payment since i was not using their service anymore.

However, now I've got a call from Lok Adalat, Bangalore to appear before court. Make the pending payments and some penalty.

I have never been to a court and hence this clarification. Can anyone please let me know what the procedure is? Also, since the connection was in my wife's name, actually she has been summoned - however I think I can go there as her representative. Please advise!

Last edited by Jeep : 26th May 2009 at 16:06. Reason: Mods can you pls change the title to 'Summoned by Lok Adalat'
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Old 26th May 2009, 16:58   #2
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Thats strange. Usually aren't you supposed to get an advocate's notice before any summons? Did you get any communication from reliance before to make the payments?
I suggest you visit the nearest Reliance office and try to settle the issue there itself.

Regarding, the court procedures, the advocates in our forum can advice better. But, I guess that your wife would also have to visit the court along with you.
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Old 26th May 2009, 17:07   #3
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Thanks Jag.

I was out of town for 6 months and Reliance did send some bills for a couple of months or so and then they stopped. No, there was no mail from the advocate (or may be the apartment security misplaced it?).
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Old 26th May 2009, 17:10   #4
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In this or for that matter any case, you would surely have to visit the court once the summons are issued. Going to the customer care of reliance will not be of any help. Ignoring the summons is also not an option as this will lead to bigger problems.

I suggest that you could try to hire a lawyer (sometimes available in outside court itself) if you know any and try to accept the mistake in the court and pay the penalty. It wont help pursuing the case as these cases are very small in terms of the company that we are dealing with. I mean if the case was that you have made timely payments and have something to prove it then it would make sense fighting for it. Otherwise if you try to prove anything, the case will drag on for years with your wife having to appear at all times.

I think lawyers on this forum can help.

my two cents because we have had to face a similar situation and this is what we did.

Mansi

P.s By the Way was it a verbal telephone call or actual summons in writing issued to you by the local police station or some government official.

Last edited by manaa45 : 26th May 2009 at 17:19.
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Old 26th May 2009, 17:21   #5
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Go to reliance and settle the bill it there tactic to summon the users to clear there account. Next time if you get a call (if you have settled with reliance) tell them I have paid my dues and here is the receipt number no one will call you.
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Old 26th May 2009, 17:24   #6
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Thanks Manaa. No, I am not ignoring the summons and will for sure appear before court. I remember vaguely reading "you or your representative" in the note hence I believe my wife need not appear.

It was issued by the Lok Adalat in writing. I intend to pay up however do not want to take my wife to court.
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Old 26th May 2009, 17:30   #7
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Quote:
Originally Posted by Jeep View Post
Thanks Manaa. No, I am not ignoring the summons and will for sure appear before court. I remember vaguely reading "you or your representative" in the note hence I believe my wife need not appear.

It was issued by the Lok Adalat in writing. I intend to pay up however do not want to take my wife to court.
If it mentions that a representative can appear, then be sure that you take an authority letter from your wife stating that she is authorising you to appear on her behalf.

Hope this helps.

Be sure to read the summons well again.
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Old 26th May 2009, 17:47   #8
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Quote:
Originally Posted by Jeep View Post
Thanks Jag.

I was out of town for 6 months and Reliance did send some bills for a couple of months or so and then they stopped. No, there was no mail from the advocate (or may be the apartment security misplaced it?).
Quote:
Originally Posted by low_bass_makker View Post
Go to reliance and settle the bill it there tactic to summon the users to clear there account. Next time if you get a call (if you have settled with reliance) tell them I have paid my dues and here is the receipt number no one will call you.
NO, do not go to reliance. Appear before the Lok Adalat & pay up your dues. Regarding the late payment charges, you can easily settle it there. For e.g if there is a disputed amount of Rs.10,000, you could offer to pay 500 and get out of it. Lok Adalat is very very useful & good. Use this opportunity. This is a step before filing a civil suit, use it.
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Old 26th May 2009, 21:34   #9
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AFAIK I know, lok-adalat is PRE-LITIGATION and is not the same as a regular court of justice. It is a way to settle disputes by way of arbitration/negotiating a compromise instead of resorting to complex and time consuming litigation.That way it dispenses justice quicker and cheaper.Its a fairly informal body and do not have much vested authority.More often its a committee with a retired judge and some local politicos/lawyers .The fundamental condition of the Lok Adalat is that both parties in dispute should agree for settlement.

The only pitfall here is that there lies no appeal against the order of a lok-adalat.Hence, If you choose to appear, the judgement drawn at the lok-adalat would be final and binding.

However, you can safely ignore the summons from a lok-adalat, unlike that of a regular court.Under such a case, the aggrieved[in this case reliance] can file a formal petition at a court of law, and there starts a long drawn litigation.

Ultimately, its for you to decide, whether to appear or not.If you want the matter to end here, with a compromise, do appear before the lok adalat .If you have got the time money, and patience[not to mention proof/evidence] to bring them to books, you can ignore the summons from lok adalat and wait till they file a proper suit.

Alternatively, i assume that if the dues aren't significant, they wouldn't press for a full blown litigation, and would rather write off the amount.The LOK-ADALAT summons is just a means to easily [and literally free of cost] scare people and recover whatever sums possible.
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Old 27th May 2009, 12:30   #10
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This is a much more easier & nice way to settle things. You can always appear before the adalat & if you are not satisfied with the terms being negotiated, opt out of it. More often than not, you will be offered a very nice deal. For e.g. a friend of mine defaulted in his last EMI of Rs.5800/- & was not even aware of it until after a year when he received this notice. The bank had slapped 9k as fine & penalties for the same. The judge asked him how much he was willing to pay & he said 5800 + 200 & the matter was settled then & there. He wrote a cheque for 6k & walked out with a copy of the settlement order.
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Old 27th May 2009, 20:11   #11
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Thanks Aravind and John. I will appear before Lok Adalat and try and settle things. The amount involved is relatively small. They have charged some 3 months' bill plus Rs 500 as 'other charges'.
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Old 28th May 2009, 11:36   #12
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Quote:
Originally Posted by Jeep View Post

There is a Rs 50 penalty on late payments. Also, they are very prompt in disconnecting the service.
I have also fallen victim for their late payment charges by a 24 hrs delay. Infact now I even suspect they have some perverted method of service for the online payment option. 2 days back while trying to make the payment for the Netconnect, found that online payment was blocked on their site while attempting through their own Net connection while I could smoothly progress through, when I switched over through my MTNL broadband !!
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Old 17th December 2015, 12:15   #13
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Default Re: Summoned from Lok Adalat

i received a call today from some one saying i have some cash transactions with some company in Delhi and they sent me some legal notice to my address in Hyderabad. But the call landed on a phone number i use presently in Kerala.

I have left Delhi 10 years ago and have no memory of any cash dealings with the said company or for that matter any company. I had left Hyderabad in 2009 so I dont know how he got the address for that place, i have no idea how he got this number either.

He asked me to appear before the Lok Adalat in Delhi tomorrow, since thats the date the Lok adalat has decided to review my "case"

Looks like some newest Scam coupled with social engineering. I looked the called number in the True caller app and This number was mentioned as spam by 38 people.

I wanted to know if anyone else has received such calls, if yes what do they do besides blocking the caller?

PS: i have no service provider bills pending, especially from Delhi since i was out of state for 10 + years

Pramod
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Old 17th December 2015, 12:32   #14
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Default Re: Summoned from Lok Adalat

Quote:
Originally Posted by Jeep View Post
I have never been to a court and hence this clarification. Can anyone please let me know what the procedure is? Also, since the connection was in my wife's name, actually she has been summoned - however I think I can go there as her representative. Please advise!
Don't go anywhere. A pre litigation lok adalat is going on. Nothing will happen if you don't go. Rest is upto you.
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Old 16th November 2016, 12:39   #15
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Default Re: Summoned from Lok Adalat

Hello all, I would like to share my recent experience on this topic.
I had been out of station on work for about 2 months,and upon return, I find an early Diwali present in my Mailbox - a summon, by City Civil courts, Bangalore over payments to Airtel pending (supposedly) since July 2015.
Till this day, I had not heard of the term PLC (Pre-Litigation Case) and I was a little confused about the letter. Upon a bit of Googling, I found that this is fairly common so I relaxed. I called up a few friends and checked with them and they advised me to be present at the summon, although it's not a necessity.
My case goes like this - (You'll can ignore this part if you want to)
Ever since my return to India, in Aug 2014, I took up an Airtel connection and was subscribed to some "MyPlan399 Corp". One fine day in July 2015, I get a message from Airtel saying that my plan has been changed to "MyPlan 899 Corp". I logged into My Airtel Page and find that all my previous records have been wiped out. My relationship number has been changed, and I am essentially a new customer for Airtel.
I was confused and I called up Customer Care, and they said they would revert in 24-48 hours which they never do/would. This happened a couple of times and the next time I called up the Customer Care, I insisted on speaking to the Escalation team. They tried to fetch my account details from their database and could not find anything. So, they said they would have to check with the "back-end team" and would revert - which they didn't. I wrote to the Appellate and Nodal Officers and got no response/support from there.
Thanks to someone I knew at Airtel, I got the email address of the CEO, and explained my case to him. I got a call back in a couple of hours from their Delhi/Gurgaon office and that person said he would look into the matter. Surprisingly and shockingly - nothing happened. All this went on for a month and I finally gave up and sent an official request to them by email to disconnect my connection and that I would not be paying a wrong bill.
They kept my connection active at a costlier bill plan and it accumulated to some INR 4000, which I ignored.

**Please read this for Awareness**
Upon reaching the Lokadalat at 1045 for a 11am summon, I found that I am not the only one. All had various issues but the amounts to be recovered were pretty much similar.
After 10 minutes, a couple of people in a black coat came who said they are the settlers and would settle our issue. It turned out that they were Airtel lawyers whose job was only to collect the money as per the PLC letter and issue the final letter which said all dues are cleared. There was also an Airtel representative and a person to collect the payments.
As usual, one of them said "Judge will take time to come as he is in another hearing and we can make the payments and go back. I told him that I need to contest this PLC and he confidently said this needed to be done at the Airtel office and not at the court. I yelled at him saying that I had been doing the same for more than a month back in 2014 and I didn't even receive any response going all the way up to CEO level. Then he told me that nothing can be done at the court and I would then need to visit the Airtel office for any clarification. He threatened me saying he would count me as a "no-show" and pursue the case in court. I lost it at this point and started arguing(read: yelling at) with him.
Amidst my argument with the Airtel person, the actual judge(or arbitrator) came and because I was making the most noise (lol) he asked for both of us to come to him. We went and I explained my case to him and the judge immediately started yelling at the Airtel person saying this is totally wrong and asked him for an explanation. When the Airtel person said he would need to check with his office folks, the judge yelled back saying "you need to call whoever it is here to provide all clarification, when you have called the customer". I even told the judge that the Airtel person is threatening to put a "no-show" against me because I am not paying up. He got wild at the Airtel person and said "who are you to threaten anyone? What do you think you're doing.. etc".
He then told me "this is totally wrong..please don't pay.. fight this out in court". I told him politely that I had no time to keep coming again and again and I would like to settle it once and for all. He asked me how much I was willing to pay against the claimed amount of ~3500 - I said I am happily willing to pay my old pending bill amount which I have used but not a paisa more. He then directed the Airtel person to collect the said amount and close the case.

Lessons learnt from the whole experience and what we need to be aware of:-
1. Airtel resorts to cheap tactics like changing records internally
2. Apparently, even if you put in a disconnection request and you have more than INR 100 as "outstanding", Airtel will NOT disconnect your connection and charge you and subsequently file a PLC against you. So if you want to disconnect your postpaid connection, ensure that all your dues including outstanding is cleared and take a "no dues letter" from them immediately.
3. You don't need to pay up the whole amount as per the PLC Notice. You can bargain with the Airtel representative and have the amount discounted, or even contest the same in court without paying up - but do visit the PLC hearing.
4. The Lokadalat is very consumer friendly and it's better to visit than to ignore.
------
Though nothing will happen if we don't go for the PLC, if Airtel really wants, they can then issue a summon at a court in Delhi (as done to one customer who I met at the Court). I'd like to think it's better to visit a local court first.
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