| Mobile or Telephone disconnection is so common | | | | and verify the address later on. Some time this |
| thing that very few people take pain on | | | | creates confusion and wondering situation when the |
| disconnection and think about the legality of the | | | | customer is asked to submit his documents for |
| disconnection. The legal remedy rarely strikes in the | | | | address proof and his phone is temporary |
| mind of the people and matter is reported and | | | | disconnected. Companies contend that they received |
| resolved by the customer care department of the | | | | a negative report from verification agencies. In Most |
| telecom Companies. But in most of the cases the | | | | of the cases filed before the consumer courts it was |
| disconnection is illegal, without following the due | | | | held that such practice is in contravention of the rule |
| process of law. The disregards to the established | | | | of law and held the companies liable for deficiency of |
| procedure can cost dear to the Companies and they | | | | services. In the light of various consumer courts’ |
| can be penalized for the same, if the customer is | | | | judgments the rule is settled that once the |
| aware about legality of disconnection and resorts to | | | | companies activate the phone connection they |
| legal remedy. The grounds of disconnection and legal | | | | can’t disconnected the same without giving a |
| position are explained hereunder; | | | | proper notice to the customer. |
| Grounds of disconnection: | | | | Some Companies fixed credit limit of the customer |
| Non-payment of Bill: In most of the cases the phone | | | | and the phone is automatically disconnected the |
| is disconnected on the ground of non payment of | | | | moment it exceed credit limit. Disconnection on this |
| the monthly bill. | | | | ground is also illegal unless the proper notice was |
| Proof of residence: This is also a ground which is | | | | given to the customer. |
| used by the companies for disconnection. | | | | Other Problems: |
| Credit Limit: Some Companies fixed the credit limit | | | | Apart from disconnection the customer may also |
| of their customer and disconnect the connection on | | | | face some other problems i.e. Inflated bills, change in |
| exceeding such credit limit. | | | | the tariff plan without his consent, additional services |
| Legality of such grounds: | | | | which were not subscribed by the customer, poor |
| The Telecom Companies are given license under | | | | connectivity, withdrawal of outgoing facilities/ internet |
| telegraph Act, and regulated by the Department of | | | | facilities etc. and non activation of such facilities after |
| Telecom and Telecom Regulatory Authority. As per | | | | request for the same, bills after disconnection of |
| the telegraph Act the phone can’t be | | | | phone or non disconnection after application for the |
| disconnected without giving a prior notice to the | | | | same. All these also amount to the deficiency of the |
| customer. Any disconnection without giving notice is | | | | service and the customer can avail the following legal |
| in utter violation of law and hence illegal. | | | | remedies. |
| The phone can’t be disconnected prior to due | | | | Legal Remedy: |
| date of the payment of bill and even after the due | | | | Customer is protected by the Consumer Protection |
| date of payment without giving a proper notice to | | | | Act, 1986 and Telegraph Act. If the customer feels |
| the customer. Some times this situation arises when | | | | aggrieved by any of the act of the companies on |
| the cheque given by the customer is either misplaced | | | | the abovementioned grounds he can move to the |
| or credited in the account of other customer or the | | | | consumer court. In some case arbitration proceeding |
| customer received inflated bill and refused to pay the | | | | can also be initiated under telegraph Act and |
| same. | | | | Arbitration and Conciliation Act, 1996. A complaint for |
| The Companies are required to verify the address of | | | | common grievances of the customers can also be |
| the customer before activation of the connection. | | | | filed before TRAI, though normally the TRAI do not |
| But normally the companies activate the phone first | | | | take action on individual complaint. |