[Resolved] Spice Telecom Ltd. — misscommitments, missbehaviour & voilation of my human rights - reg
VVinod Singh Negi
I had send an email to the CEO through Nodal Officer Punjab, Spice Telecom Ltd. same i have pasted here in this. Please guide me if what should i do more as i don't know if what & how to do?
Copy of mail I sent to Spice Telecom Ltd. at email address [protected]@spiceindia.com
(Through Customer Care Manager)
SPICE Telecom Ltd., C-105,
Phase-VII, Indl. Area – A,
Sub: Information under Right to Information Act – requested
It is requested that I have two mobile connections of your company nos.[protected] &[protected]. The number[protected] was being used by my staff and mostly due to high usage outgoing barred for that number. As that was my primary number so the outgoing facility for my personal number i.e.[protected], that was an add-on connection, also barred. So to stop this all in the month o March-08, I visited to your showroom situated on Hambran Road, Ludhiana. I request them to stop STD facility on that the number[protected] that was being used by my staff. Your customer care executive gave me a form to fill and asked me to attach a copy of any identity proof. I did the same.
But after some time, in the month of Apr.-08, I was gone to Uttranchal for ten days from 15/04/2008 to 25/04/2008. I was in Dehradun and my outgoing service for my personal no.[protected] was barred. Because, I was in roaming, so naturally, my income facility was also barred at that time. So, I was calling from my in-law’s cell phone to get report of daily work. But, I was shocked when I received a call from my staff no.[protected] on my in-law’s cell no.[protected] that was an STD number for that and I the STD facility was barred. I was shocked, if how the same was reactivated without my written permission as they ask me to fill a form and attach an identity proof with that at the time of deactivation of STD facility on the same number. But as I was out of station so was unable to do anything.
I visited your showroom, when I return back to Ludhiana. I ask them if how my STD facility on[protected] was reactivated without my written permission. But they were unable to give any satisfactory answer and ask me to come after two days. As outgoing for my personal number[protected] was also barred. So, I just make a payment of my personal number only. I was back to Ludhiana after ten days. So, I was busy to finish my pending job works and could not visit your showroom again. I was receiving calls by your executives again & again on my personal number to make payment of that number. I request them to solve my dispute, stop the STD facility on that number and waive off the STD bill that was used without my permission. But no one solve my dispute.
In the month of May-08, my outgoing was again barred as the outgoing for my primary number was barred already. I again visit the showroom for the same. He suggests me to convert my connections in Corporate Connections, as it will help me to reduce my bill. I did the same and purchase three more connections, as minimum five were required for Corporate. But, when I asked him about my billing dispute that was not solved yet, he said that they are unable to trace if how it all was happened. I refused to use new corporate connections because if I have to face all this when I just have given a single number to my staff and what will be if I will provide these three also. So, I did not use any of those. I requested him to solve my dispute and reactive both of my numbers. He asked me to make a payment for my disputed number as it was my primary number. Only after that my outgoing facility would be activated. As my whole market was disturbed, so, I make a payment of Rs.3000/- for my number for the same. But my dispute was not solved yet. So, I decided not to make any further payment until my dispute would not be solved.
After a few days, I was receiving calls by your executives for the pending payments of both the numbers. I refused to make any payment until my dispute would not be solved. One of your executive visits my office and commit me to solve my dispute but only if I would make a payment. I gave him a post-dated cheque and ask him to solve my dispute before the cheque date. If my dispute would be solved before cheque date, I would make the payment; otherwise, I’ll not. So, don’t represent my cheque without my permission. But he also was unable to solve my dispute and represent my cheque without my permission and it was returned. After that I finally decided not to make any further payment. I was receiving calls for payment after that also.
As I was in Service Industry, so, my whole business was running on phone only. Both of my main numbers were barred. It effect my business and first time in last four years, I face a big financial lose; just because of your executive’s miss commitments and carelessness. I was using both of these connections for more than last three and half years. One of those was Royal Club Member and the other was Spirit Club Member. Just because of carelessness of your staff, both of these numbers are barred for last three months. My whole business was vanished. I have to close my office and business. My three employees were unemployed and have to look for a new job. Rental income of my shop landlord was stopped. Even I myself, who was running the business and was earning approximately Rs.16000/- to Rs.18000/- per month, have to search for a job. But I accept it all as my bad luck.
But, it was not all; the actual scene was started in the month of July-08, when I received a call from your executive Mr. Amit Dogra on my new number. I clearly refused him to make the payment. But after that he made calls and ask for the reason. I told him the same as it was. He desires his wish to meet me to solve my dispute. As, I was never think of job and was never happy to do a job. I am a follower of Lord Shri Krishna and read the Bhagwat Geeta. I learnt to try again & again until I succeed from the Geeta. So, once again I was planning to restart a new business. I had started a new coaching centre nearby my home. I wanna restart my efforts. I always want to restart my both numbers, as those were my personal cum business numbers. I was totally cut off of my market. With this call, I start to dream once again. I ask him to meet me in the evening, as I was busy in my closings, in my new office located at Jassian Road, Haibowal Kalan, Ludhiana. He came to my office and listen me very carefully. He really was looking a Gentle, Cool, Confident and Sincere Person. I was impressed with this way of talking and his positive attitude. But when he asked me to make some payment, I clearly refused for the same. He committed me to solve my all the disputes. He asked me to write a letter for closing of my unused numbers. I do the same. I wrote an application for closing of all unused numbers and to reactivate my both used numbers with the request to stop the all facilities else than local outgoing on both of my numbers. He again asked me to make some payment. But as I was cheated before it also so I simply refuse once again. I ask him to bring the letter of my waiver o[censored]nnecessary STD bill and permission of reactivation of my both numbers. He said that it is not possible yet. But he definitely will do it. He was very confident and his confidence and my dreams force me to make a payment of Rs.3500/- by a cheque once again. But once again I had told him that, as I am busy in my closing. So, you please solve my dispute till then and represent my cheque on or after 5th of Aug-08, if my dispute will be solved. After that I was busy in my closing. After my closing, on 3rd of Aug., once again I asked him about my dispute as I was excited about to reactivation of my cell numbers. I was again in dreams of re-establishment of my business. Because I never stop try. But after that my promotion was due with ICICI Pru. I was busy in that.
On 8th of Aug., at 7:53pm, I was coming back to home from my office; I received a call of a policeman from Police Post Jagat Puri, Jassian Road, Haibowal Kalan, Ludhiana that was nearby my home. He told me that a complaint u/s 420 has been filed against me. He asked me to present there in Police Post right now. I was shocked if how is it possible. Because I start from my home early in the morning at 7:00am and returns back to home in the night at 9:00pm (approx). But as I was on way and nearby my home, I gone to Police Post first. I meet Mr. Juj Singh, who called me and asked him the matter.
He asked me to look at a person. That was not any one else but was Mr. Amit Dogra. I meet him and said Hi and then asked the matter. He told me that the cheque, I have given to him was dishonored. I asked him if why he represented my cheque without my permission, if I asked him to represent it only after telling me after a solution of my dispute. He said I don’t know anything about your dispute. I just know a thing and that is, your payment was pending for long time and you gave me a cheque against that and that was dishonored. I was shocked to see his attitude. I asked the policemen if how could he file a case of dishonor of cheque? Is he an employee with Spice Telecom? Should Spice not send a prior notice of dishonor of payment? I asked him to show me his Identity Card. I also asked them to show me the written complaint by Spice Telecom on the Letter Head. I asked them if complaint is filed by Mr. Amit Arora then please show me the Legal Attorney as the power of filing a complaint. But they said that they have talked to Mr. Sandeep Joshi, Manager with Spice Telecom for Ludhiana jurisdiction and did not show me any of these; as the Policemen were very well known to Mr. Amit Dogra. One of them either was his very close friend or a relative. They threat me for more than one and half an hour. I asked them that if is it all not illegal? How can you all do this? They show me a book of Law and said do you know if how many sections are available in this book? A few of those might be for you. They asked me to make the payment immediately. But I had no payment at that time. I requested them to do anything as per law. I shall reply for that. But let me go to home now. I shall be back with my lawyer tomorrow morning. But they did not. They force me to sign on two papers. They wrote an agreement on one of them if I would make the payment of Rs.3500/- that was the payment of cheuqe that was returned, by next evening. And also make an unnecessary payment of Rs.5500/- hundred within two days. They used abused language with me. They misbehaved with me. They pull my official bag, my Purse and my cell phone, as I would be a criminal. I was forced to call one of my friends to be my guarantor of my payment. If I would not make the payment then he would make the whole payment. I was so much depressed and was under pressure that I have to call friend who is my neighbor also. He signed for the above said agreement as guarantor and they permit to go after that only.
After that on Sunday, I asked Mr. Amit Dogra to come to my friend’s office, which was the Guarantor, make a settlement and collect the payment in cash and return his signed letter. But he asked us to make the payment in Police Post to Mr. Juj Singh. I refused to make any payment in the Police Post. Then he said that he was out of station so would be to us between 40-50 minutes. We were waiting him for more than two and half an hour. We requested him to come and make the final settlement. But he did not. After some time, I was also gone to home. But in the evening they start to threat my friend for payment. I visited to SSP office of Ludhiana on Saturday, but the Hon’ble Chief Minister of Haryana and Punjab were in Ludhiana. So, he was busy with them. But your staff with policemen continued to disturb & threat my friend and me on Sunday also. I did not tell anything about it all to my family members, because, I don’t want my family to be disturbed. So, At last, I have to go to the residence of SSP, Ludhiana with a written complaint. But he was not available. Then I gone to DC Residence, but he also was not available. Then, I went to SP City-I residence. He was transferred. Then I went to SP City Traffic Residence, who have the charge of SP City-I. But it was again my bad luck, as he was on visit in town. I had decided either I shall not go back to home if my problem will not be solved. Because those policemen were making calls and using the abused language and were saying if I’ll not be there at the same time, they will come to my home and Pick me from my residence. I was weeping there. But the operator of SP City Traffic, asked me for my problem. I told him all. I also told him that the policemen are not ready to wait till morning so, I can inform my advocate. I have started a new job with ICICI Pru and have to attend my training in Chandigarh that was being started from next morning and I had to mark my attendance there at 09:30am. He immediately made a call to Police Post Jagat Puri and warned them not to disturb me in the night. He asked me to present there in the morning at 09:00am. Then only I was gone back to home. The same night I told my parents all happened with me.
Next morning, we went to police station with my advocate, a few of my friends and relatives. I again asked them to show the written complaint and Legal Attorney in name of Mr. Amit Dogra, who has filed the complaint. But they did not. The Incharge of Police Post, who was a known of my father also, asked me to join the training that was in Chandigarh and solve this after that. I told him that I have a training of 10 days approx. He had no problem at that time. But after that on 15th & 16th Aug. he sent a policeman at my home and asked my father to come to police post. There he asked my father to either make a payment of cheque amount or make a compromise. I was in Chandigarh from Monday onward and have to gone again. It is why I could not contact you immediately and submitting this application on Sunday.
First time in my life I had seen dark black circle around my eyes on Tuesday morning after taking a bath in my Hotel in Chandigarh. First time I was so much depressed and afraid that again and again suicidal thoughts were appearing my mind. It has not been completed even one year of my marriage and my married life was going to be disturbed just because of your Spice Executive’s Miss Commitments and Miss behavior. But as I already stated that I am follower of Lord Shri Krishna and reads Bhagwat Geeta only and it is why I never stop to try. First time in my life I have to consult to a Physiatrist. He prescribed me to admit in the Hospital immediately; but if I was then what was about my job as my business was already vanished by your Executives. I was going to start a new Institute but I don’t think I would be able to provide coaching properly.
Now, the information, I want under Right to Information Act is;
Q1. That, had the Spice filed any complaint of dishonor of cheque against me? If yes;
Q1 (a) who (Name & Designation) filed the complaint?
Q1 (b) why did Spice not send any prior notice before filing a case?
Q2. That, who are Mr. Amit Arora and Mr. Sandeep Joshi? Please provide their full employment details, if are the employees with Spice Telecom.
Q3. That, are Mr. Amit Dogra and Mr. Sandeep Joshi authorized to file a case of dishonor of check on the behalf of Spice Telecom? If yes, then please provide me a copy of Legal Attorney. If has they filed any then;
Q3 (a) that, how Spice can file a complaint in a Police Post, in Ludhaina even that is not a Police Station?
Q3 (b) that, why the complaint was filed at 07:53pm and I was asked to be present there at the same time as it was a non-official time? Why did they not give me a time to consult my advocate till morning?
Q3 (c) that, can a Telecom Co. ask for a Guarantor for payment?
Q3 (d) that, Why did Mr. Amit Dogra not come to my friends office, when I asked him to come and make the final settlement and collect the whole payment in cash?
Q3 (e) that, why did Mr. Amit Dogra asked me to deposit the payment at Police Post to Mr. Juj Singh only but did not collect himself?
Q3 (f) that, my cheque was of Rs.3500/- then why did he asked me to pay Rs.5500/- other than it in the Police Post only?
Q4. That, was it all that was done with me, not an act of violation of my Rights?
Q5. That, If Spice did not file any complaint or did not authorized any of them then what the action Spice would take against them for doing it all and by what time?
You are requested to provide me all this information within three working days from the day of receipt of this request. I have requested all this information under Right to Information Act. You are requested to provide me all the information within three days by email or within five days by postal mail from the date of receipt of this application, on my addresses given below. If not provided then I would have no other option else than to go to High Court & Human Right Commission for justice and protection of my Rights. Because, I am a teacher by profession and can always teach my students to fight for their rights. So, how can I compromise now?
I always would be thankful to you if you help me by providing all this information within given period as I was a customer of Spice Telecom Ltd. for more than three and half year. I want to continue my numbers. So please help me in this regard also.
Vinod Singh Negi (Prop.)
M/s Shree Computers.
#19-A, Preet Vihar Colony, Jassian Road,
Haibowal Kalan, Ludhaian. Punjab.
Copy Submitted to for a necessary action:
1. Hon’ble Chief Justice Mr. R.K. Mongia (Chairman), Punjab State Human Rights Commission, Sector 34-A, Chandigarh.
Vinod Singh Negi
#19-A, Preet Vihar Colony,
Jassian Road, Haibowal Kalan,
Complaint marked as Resolved 2020-08-14 00:25:48