[Resolved]  Hathway Cable & Datacom — hathway sent me a legal notice

Address:

560040

I used hathway internet 3 years back which is a prepaid connection. I requested to disconnect the service. I requested to close the connection and they said ok. However i keep on receiving bills every month over email and every month i raised a support case over email and there was no reponse from them. Finally i got a message as below.
Dear sir/madam,

This has reference to the customer registration form (Crf) signed by you and hathway cable & datacom ltd (Herein after referred to as ‘hathway’) for availing broadband services of hathway in your premises as per the terms and conditions mentioned in the said crf.

Account no - xxxxxxxxxx

Name - xxxxxxxxx

You are aware that the crf is a valid contract having a binding effect on both the parties having a legal sanctity with all consequential mutual rights and obligations inter se.

In respect of the same, we draw your attention to the paragraph l of crf titled customer declaration which is reproduced herein as under:

“i also understand that the modem and router supplied by the company is owned by the company and i shall be liable to return it in good and working condition upon termination of network or as and when sought by the company.in case of failure to return the modem or router or if it is return in nonworking condition, i am liable to pay the applicable amount of modem/router to the company in lieu of such damaged/unreturned router/modem under my possession. ”

Kindly take note that inspite of being bound by the terms of the crf in apparent defiance of the same to our utmost concern we find from our records that you have failed to return the following equipment despite discontinuation of your broadband services:

· modem / router

It may be noted that withholding the possession of the aforesaid assets even after the discontinuation of services is illegal and consequentially, you have exposed yourself to the legal action under the relevant provisions of indian penal code, 1860 including but not limited to criminal breach of trust, misappropriation of property and other relevant provisions read with criminal procedure code, 1973.

You are therefore called upon to immediately handover the above listed items to our authorised representative under acknowledgement of receipt of the same.

Should you fail to comply with the aforesaid long pending formality/handover the equipment’s within 15 days from date of receipt of this notice, we shall be constrained to explore legal remedies to safeguard our interest at your risk as to costs and consequences thereof.

If you have already handed over the modem/router and/or complied with other formalities related thereto you are requested to kindly furnish the proof thereof.

To submit the device visit below address

Office address

Hathway cable & datacom limited,

137/138 infantry road bangalore 560001

[protected]@hathway.net [protected] /[protected]

For hathway cable & datacom limited