Mts — MTS Karnataka - Forcefully recovering money

ShivaKumar400

from Bengaluru, Karnataka

Address:	Bangalore, Karnataka, 560068
Website:	www.mtsindia.in/3GPlus

Hello Team - I bought MTS wifi data card with postpaid plan of rental 999 with 40GB with speed upto 15 MBPS, but never it was beyond 2 MBPS in Bomanahalli as well in other locations of Bangalore, which i used for couple of months but then after speed was so low (below 1 mbps) due to which i could not perform my work, so i called MTS call center to rectify but they never responded on this. So, I stopped using MTS data card. And the they sent me the bill for the same month and again one more bill for one more month but for the second month i never used it but still MTS people are harassing me to pay bill for 2 months and sending me messages of pay bill to avoid LEGAL issues. Today on 27th Oct 2015 i received a call from MTS Lawyer his number is [protected] and he was telling it will be LEGAL Issue Now here is my question. When MTS is openly telling and advertising all over Bangalore stating that speed up to 15 MBPS but when it is actually max of 3 MBPS which i got to know from MTS store in Marathalli and 40GB data usage in 999/- plan (20GB Day and 20GB night) which again i got to know when i called customer care. How can one use 40 GB with such low speed of some kbps to 2 mbps that too gets disconnected many times. So do I really have to pay for complete 2 months which i dint even used? is there any legal complaint that i can also take against MTS that MTS is cheating their customers such a way, Can MTS provide usage of data in such cases and charge bill only for data usage ? Regards, Shiva. [protected] MTS number - [protected]

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MTS / Sistema Shyam TeleServices [SSTL] customer support has been notified about the posted complaint.

Nov 17, 2015

Updated by ShivaKumar400 Hello Team – Again I received such call from [protected] and below mail, to which i responded asking for his advocate Id so that I can file a complaint or FIR, but, he dint responded me yet !

Ranvir Vats
Advocate
Chamber K-126 Near Gate no- 2
Tis Hazari Court, Delhi-110054
________________________________________________________¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬____________________________¬¬-___________________________________

Legal Notice under Section 403, 405, 406, read with Section 420 of the IPC.

To,

Shivakumar Aklu Guram

Ref No. : TRI/NOV-15/2816

Sir / Madam,

Sub: Non-receipt of payments for the post-paid services to [protected] of M/s. Sistema Shyam Teleservices Limited.

Ref: Bill with reference for the above mentioned services, Subscriber Account [protected].

Under instructions from my client M/s. Sistema Shyam TeleServices limited[SSTL], having its office and place of business at A-194, Phase-I, Okhla Industrial Area, New Delhi–110020 I hereby issue this notice for demand with reference to your outstanding bill towards usage of post-paid services to MDN Number [protected].

That you had subscribed for the postpaid voice/data services being offered by SSTL in accordance with the Terms & Conditions set out in the customer acquisition form [CAF], which was duly signed for and acknowledged by you.
1. That in support of your credentials /verification you had furnished / attached along with the CAF, the photocopies of the requisites documents (viz. your Photo ID and Address Proof etc)

2. That the CAF clearly states that the terms and conditions for the services to be rendered by M/s. Sistema Shyam Teleservices Limited, . The said CAF also provides the manner and the duration till which the SIM CARD/DONGLE was to be used by the person subscribing for the services of SSTL, and its return to its rightful owner (i.e. M/s. Sistema Shyam Teleservices Limited) in the eventuality of discontinuation of said services..

3. That the “SIM CARD/DONGLE” being provided to the subscriber is the property of M/s. Sistema Shyam Teleservices Limited and the same has to be used and utilized by the subscriber strictly in the manner stated in the CAF and only till such time the terms and conditions of the said CAF are being adhered to by the parties, . You had been entrusted with the SIM CARD/DONGLE by M/s. Sistema Shyam Teleservices Limited with express instructions that usage of the same to access the network of M/s. Sistema Shyam Teleservices Limited shall be done by you in accordance with the terms and conditions of the CAF. However, you have failed to return the same to SSTL. And retaining the same illegally and the same amounts to misappropriation of the same .

4. The bill, which duly and timely reached you, clearly stated a date of Payment in the bill statements. This was followed by verbal Communications / repeated requests for payment via tele-calling and SMS messages for the same. However till date we have not received any payment towards the discharge of your outstanding liability which amounts to Rs.2282 /-

Therefore, despite having availed and enjoyed the services promised and duly delivered by M/s. Sistema Shyam Teleservices Limited, you have dishonestly and fraudulently induced SSTL and thereby causing wrongful loss to SSTL and wrongful gain to yourself.

5. Please take notice that should the property (SIM CARD/DONGLE card) M/s. Sistema Shyam Teleservices Limited, given to you in good faith, for a specific purpose, not be returned along with the payments due and outstanding, within seven clear days from the receipt of this notice, SSTL shall be constrained to initiate/invoke all or any of the legal remedies available under law to recover the same ; in addition to the your prosecution under Sections 405, 406 and 420, of the Indian Penal Code read with Section 190/200 and 357 of the Code Of Criminal Procedure, before appropriate court . Furthermore, SSTL shall be at liberty to share the information regarding the unlawful retention of its SIM CARD/DONGLE and the default in payment on your part with other telecom operators or credit verification agencies.

6. However if you have made payments prior to receiving this notice, please ignore this notice and kindly furnish us the proof of payment to avoid further action.

7. You are also liable to pay cost of legal proceedings.

8. For further clarification and /or assistance regarding your aforesaid outstanding please contact
Mr. V. Singh on Contact No. +91-[protected]+91-[protected]+91-[protected] And Email ID advocateranvir.[protected]@gmail.com.

Note: Hard copy sent by speed post to postal address on 11/12/2015

Yours Truly,

Ranvir Vats

Advocate

Nov 20, 2015

Updated by ShivaKumar400 And today again i got call from [protected] - MTS (He refused to tell his name and was using abusing language) - When I asked him to revise the bill as per data I used he started yelling like anything and started telling 'your shameless defaulter and not making payment" - I say MTS is defaulter for whole India customers and doing fraud business.

Then he told we sent you legal notice - i asked to share FIR number and I am ready to fight.

Please send me request on [protected] we will also create whatsapp group as well for this to raise voice.

Nov 20, 2015

Updated by ShivaKumar400 Again i got a call from ([protected] / [protected]) and giving bad words on Mom and Dad.

And i got call from [protected] - MTS (He refused to tell his name and was using abusing language) - When I asked him to revise the bill as per data I used he started yelling like anything and started telling 'your shameless defaulter and not making payment"

Advocate from Delhi called and told he will be lodging a complaint in Delhi high court and i have to come for hearing in delhi.

But my question when MTS has an registered office in Bangalore at below address then how they can lodge complaint in Delhi. Is there any way for Me lodging complaint in Bangalore first as we are the customer from Bangalore and got services in Bangalore.

Sistema Shyam TeleServices Limited
Salarpuria Touchstone, No.15/3,
Ground Floor, Outer Ring Road,
Varthur Hobli, Bangalore-5600103